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56 945 cc Calendar No. 126 106 th Congress Report SENATE 1st Session 106 55 DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS BILL, 2000 May 27, 1999.--Ordered to be printed Mr. Shelby, from the Committee on Appropriations, submitted the following REPORT [To accompany S. 1143] The Committee on Appropriations reports the bill (S. 1143) making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 2000, and for other purposes, reports favorably thereon and recommends that the bill do pass. Amounts of new budget (obligational) authority for fiscal year 2000 Amount of bill as reported to Senate $14,224,022,000 Amount of budget estimates, 2000 14,745,147,000 Fiscal year 1999 enacted 14,353,303,000 C O N T E N T S Total obligational authority 4 Immediate Office of the Secretary 10 Office of the General Counsel 11 Office of the Assistant Secretary for Policy 11 Office of the Assistant Secretary for Aviation and International Affairs 11 Office of the Assistant Secretary for Budget and Programs 12 Office of the Assistant Secretary for Governmental Affairs 13 Office of the Assistant Secretary for Administration 13 Office of Public Affairs 13 Executive Secretariat 14 Contract Appeals Board 14 Office of Small and Disadvantaged Business Utilization 14 Office of Intelligence and Security 14 Office of the Chief Information Officer 14 Office of Intermodalism 15 Office of Civil Rights 15 Transportation planning, research, and development 15 Transportation Administrative Service Center 16 Essential Air Service and Rural Airport Improvement Fund 17 Minority Business Resource Center Program 22 Minority business outreach 22 Operating expenses 29 Acquisition, construction, and improvements 33 Environmental compliance and restoration 37 Alteration of bridges 38 Retired pay 38 Reserve training 39 Research, development, test, and evaluation 39 Boat safety 41 Operations 44 Facilities and equipment 52 Research, engineering, and development 75 Grants-in-aid for airports 80 Limitation on administration expenses 86 Federal-aid highways 87 Magnetic levitation transportation 100 Appalachian development highway system 101 National motor carrier safety program 103 Operations and research 107 Highway traffic safety grants 111 Safety and operations 113 Office of the Administrator 115 Railroad safety 115 Railroad research and development 115 Railroad Rehabilitation Improvement Program 117 Next generation high-speed rail 117 Alaska railroad rehabilitation 119 Rhode Island rail development 119 Capital Grants to National Railroad Passenger Corporation (Amtrak) 120 Amtrak Reform Council 123 Administrative expenses 125 Formula grants 126 University transportation research 131 Transit planning and research 132 Trust fund share of expenses 135 Capital investment grants 135 Job access and reverse commute grants 150 Washington Metropolitan Area Transit Authority [WMATA] 150 Operations and maintenance 151 Research and special programs 153 Pipeline safety 156 Emergency preparedness grants 158 Salaries and expenses 160 Salaries and expenses 161 Architectural and Transportation Barriers Compliance Board: Salaries and expenses 163 National Transportation Safety Board: Salaries and expenses 163 General provisions 165 Compliance with paragraph 7, rule XVI, of the Standing Rules of the Senate 167 Compliance with paragraph 7(c), rule XXVI, of the Standing Rules of the Senate 167 Compliance with paragraph 12, rule XXVI of the Standing Rules of the Senate 168 Budgetary impact statement 171 TOTAL OBLIGATIONAL AUTHORITY PROVIDED--GENERAL FUNDS AND TRUST FUNDS In addition to the appropriation of $13,985,072,000 in new budget authority for fiscal year 2000, 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 2000, estimated obligation limitations total $33,733,150,000. PROGRAM, PROJECT, AND ACTIVITY During fiscal year 2000, 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 Department's 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 2000 that was delivered to Congress on February 1, 1999, performance measures have been identified for all of the Department's major programs. A total of 61 performance goals have been established. 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 coincident with the budget justifications. This year's performance plan links the agencies' strategies and initiatives to individual goals and identifies interagency coordination of goals, as the Committee recommended last year. The performance plan also provides the context for each goal in a short paragraph titled ``Why we act,'' along with several years of historical data in most cases. The plan highlights special challenges that the agency faces in achieving each of its goals, and includes an appendix with substantially more information on the data and limitations for each measure. The Committee is pleased to see a continuation and expansion of the separate discussion of management challenges the Department faces. While not required by the act, this is a useful and appropriate addition to the plan that underscores the importance of management in achieving strategic goals. This section tracks with recent reports from the Inspector General and the General Accounting Office. 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 continues to encourage 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 quantifiable 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 a discussion of such an organization's primary contributions toward those goals in the body of the plan. Elimination of the mention of these organizations as opposed to activities 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 has expanded its discussion of the data supporting performance measures, and acknowledges limitations in the quality of that data. These will be critical to the credibility of the agency's performance reporting. The Committee remains concerned about the quality of supporting data and data systems, and urges the Department to more fully document shortcomings in its data as well as possible solutions. 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 performance plan included only one change to the budget structure of the Department. The Committee again encourages 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 or helpful 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 .--For some time, the Committee has been concerned that the Department would have difficulty overcoming its late start in Y2K remediation of over 600 mission-critical systems. However, the Committee notes the significant progress that has been made over the last year. As of the first week in May, over 90 percent of the Department's mission-critical systems were Y2K compliant, including 100 percent of the systems operated by the Federal Highway Administration, the Federal Railroad Administration, the Federal Transit Administration, the Maritime Administration, the National Highway Traffic Safety Administration, the Office of the Inspector General, the Office of the Secretary, the Research and Special Programs Administration, the St. Lawrence Seaway Development Corporation, the Surface Transportation Board, the Bureau of Transportation Statistics, and the Transportation Administrative Service Center. In particular, the Committee has closely followed the progress of the Federal Aviation Administration's Y2K efforts. With over 400 mission-critical systems in the FAA inventory, the problem is monumental. As of the first week in May, over 92 percent of FAA's mission-critical systems were Y2K compliant. All of the FAA mission-critical systems being repaired had completed renovation and validation phase activities, and were either fully implemented or well into required implementation phase activities. While earlier completion would have been desirable, the complexity of this challenge must be underscored and completion of the task requires extensive and careful testing. To date, the FAA has been on target to complete Y2K remediation by its projected date of June 30, 1999. The Committee must also note, however, that remediation and testing is not the completion of the task. In addition, the FAA must undertake the additional step of contingency planning in the event that not everything works as expected on January 1, 2000. The Committee expects status reports on contingency planning to be included in the regular reports that the FAA provides to the Committee. The Committee is pleased that the Coast Guard's legacy Vessel Traffic System at Valdez, Alaska, was certified Y2K compliant in April 1999, rather than waiting until October 1999 as initially scheduled. The Vessel Traffic System is responsible for tracking vessel movements in Prince William Sound. As of the first week in May, the Coast Guard had completed work on 88 percent of its 74 mission-critical systems, and all but five systems are projected to be completed by June 1999. The five systems yet to be completed are: The Short Range Aids to Navigation-Aid Control Monitoring System (SRAN ACMS); the SRAN Master Unit; the SRAN Remote Transfer Unit; the Command and Control Personal Computer (C\2\PC); and the Communications System 2000 (COMSYS 2000). The Committee has been advised that because the remediation schedules must be coordinated around operational activities, the Coast Guard projects that the three SRAN units and the C\2\PC will be compliant by September 1999. Also, the Committee understands that the COMSYS 2000 remediation will be completed prior to the Year 2000, but there is no specific date because the remediation depends on AT&T's upgrade of their own telecommunications equipment. Despite the Department's Y2K progress, the Committee urges the Secretary and Deputy Secretary to continue to closely monitor agency progress until all mission-critical systems are compliant. In addition, as noted above for the FAA, the agency must prepare comprehensive continuity of operations plans in order to prepare for system failures that could potentially disrupt vital services. Year 2000 Compliance .--The Department of Transportation shall report in detail on the specific use of year 2000 conversion emergency funds provided by the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999 and any other act. This report shall demonstrate how all of the funds obligated as of January 1, 2000 were directly applied to the year 2000 conversion of federal information technology systems. For any funds which were used for purposes other than the year 2000 conversion, the report shall explain the use of such funds and specify the provision which gave the Department the authority to spend the funds for other purposes. The report shall also estimate what portion of the emergency funds were used for technology which would have occurred in 1999 or 2000 even without year 2000 crisis. The report shall be delivered to the Senate Committee on Appropriations, the Senate Special Committee on the Year 2000 Technology Problem, the Senate Committee on Governmental Affairs, and the Senate Committee on the Budget by May 15, 2000. Budgetary Firewalls The Committee notes that there has been some talk this year about creating special budgetary treatment for the programs and activities of the FAA. Mention is made of taking the aviation trust fund off-budget or creating budgetary ``firewalls'' around some or all of the aviation accounts. The Committee believes that such budget treatment is unnecessary and unwise. While passenger enplanements have increased steadily in the past several years, the growth has not kept pace with the increase in the federal budget for aviation programs, and the growth in the federal investments in equipment modernization and airport improvements and air traffic operations have substantially outstripped the growth in aircraft operations. When the investment in the airport capital plant represented by Passenger Facility Charges is considered, the increase in total investment is even more compelling compared to workload growth. The Coopers and Lybrand financial study conducted only two years ago severely criticized the FAA as an organization, was appalled at their inability to account for costs, and labeled the organization the equivalent of a dysfunctional family. In addition, the Government Performance and Results Act evaluations consistently place the FAA at or near the bottom in terms of well run government agencies. The Committee believes that an organization with as many financial and management difficulties as the FAA should not even be considered by Congress for insulation from budget, appropriations, or any other oversight. Clearly this is an agency in need of reform, not special dispensation. Firewalling aviation spending would impede oversight and contribute to FAA's already poor record in controlling costs. Virtually every outside observer of the FAA believes that the FAA has a difficult time setting realistic budget requirements and has a terrible history of controlling costs. The budget problems at the Federal Aviation Administration are problems of management and cost control, not budget treatment. Last year, Congress firewalled the Highway and Transit accounts and in the 9 months since the President signed that legislation, the Administration has proposed four non-technical legislative changes or packages of changes to that law, the OMB and CBO have had to revise their budget and scoring conventions to make the firewalls reconcile (they still don't reconcile), and the House authorizing Committee is already discussing revisiting that authorization legislation in the coming fiscal year. The creation of firewalls is not a mechanism to be employed lightly--the application of firewalls to an intensely complex and operational organization like the FAA presupposes Congressional consideration that midcourse corrections will be unnecessary, budget execution issues are minor, and the organization is capable of making difficult decisions and holding itself accountable for such decisions and other shortcomings in financial management and procurement execution. The FAA cannot meet such a test. The argument is also made that a firewall is necessary to make sure that the Airport and Airways trust fund is spent. That contention is without basis. Since its creation, fewer dollars have been generated by the taxes and fees that capitalize the Airport and Airways trust fund than the Congress has appropriated for the aviation accounts--and that doesn't even account for non-transportation expenditures that benefit aviation constituencies. For example, the Department of Defense has spent almost $9,000,000,000 to date on the GPS constellation that is the backbone of satellite navigation for aviation in the future. The challenges facing the aviation industry and the FAA cannot be solved by changing budgetary treatment of the aviation accounts--that solution defies the facts, reason, and the treatment that the FAA has enjoyed in the current budget process. 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 $59,362,000 for the Office of the Secretary of Transportation including $45,000 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 $1,900,000, which is consistent with the fiscal year 1999 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 17 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 $600,000 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. The Committee recommends $9,000,000 for the Office of the General Counsel. At this funding level, the Committee expects that the Office will be able to fund 82 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 $2,900,000 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 $7,700,000, which will provide sufficient resources to fund 86 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 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. As a possible way 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 given the staff resources available due to the completion of authorization last year of the surface transportation program. Accordingly, the Committee 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. 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 to advise the Secretary of program and legislative changes necessary to improve program effectiveness. The Committee encourages the Secretary and the Assistant Secretary for Budget and Programs to increase the budget and programs staff participation in department, industry, and budget execution oversight activities. The greater the integration of the budget formulation and execution processes with the activities of the department and the fulfillment of the agencies' missions, the better the quality of the department's financial, management, and resource allocation decisions. The Committee directs the Office of the Secretary to report monthly on the status of all outstanding reports and reporting requirements, including how delinquent Congressionally mandated reports are and an estimated date for delivery. The Committee expects that the Department will constitute this responsibility in the Office of the Assistant Secretary for Budget and Programs. In addition, the Committee directs the Office of the Assistant Secretary for Budget and programs to work with the affected modal administrations and the Office of Inspector General to facilitate the timely transfer of funds between the relevant offices. The Committee recommends a total of $6,870,000 for the Office of Assistant Secretary for Budget and Programs. At this level, the Committee has provided funding for 49 positions and included $45,000 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 $2,000,000 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 $18,600,000 for the Office of the Assistant Secretary for Administration which includes the OST portion of rent. 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 $1,800,000 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 $1,110,000 for the Executive Secretariat. 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 $560,000 for the Contract Appeals Board. This level is sufficient to maintain the current staffing level. 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 $1,222,000, 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 the Office of Intelligence and Security be funded from funds made available to the Coast Guard and/or the Federal Aviation Administration. The office is headed by an official from the Coast Guard and the majority of the functions of the office relate to Coast Guard and Federal Aviation Administration missions. OFFICE OF THE CHIEF INFORMATION OFFICER The Committee recommends $5,100,000 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 the Office of Intermodalism be funded from within the administrative expenses provided for the Federal Highway Administration. 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 $7,200,000 for the Office of Civil Rights. TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT Appropriations, 1999\1\ $9,000,000 Budget estimate, 2000 6,275,000 Committee recommendation 3,300,000 \1\Does not include reduction of $21,000 for TASC pursuant to section 320 of Public Law 105 277. 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. 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. In addition, transportation facilities are generally public places and present the same dangers that any public place has for unaccompanied children. Parents should remember, and transportation providers can help them to be more aware, that they should be ever diligent and make certain that they take precautions to ensure their child's safety while traveling. 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, 2000, on the identified initiatives in this area and the actions taken to implement those efforts. TRANSPORTATION ADMINISTRATIVE SERVICE CENTER Limitation, 1999\1\ ($124,124,000) Budget estimate, 2000\2\ (229,953,000) Committee recommendation 159,953,00006 \1\Does not reflect reduction of $15,000,000 pursuant to section 320 of Public Law 105 277. \2\Proposed without limitations. Includes DOT and non-DOT entities. 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. The budget proposes that the National Oceanic and Atmospheric Administration's Office of Aeronautical Charting and Cartography be transferred to TASC in 2000. 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 $159,953,000. 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, 1999\1\ ($50,000,000) Budget estimate, 2000 (mandatory authority)\2\ (50,000,000) Committee recommendation (mandatory authority) (50,000,000) \1\Transfer from FAA facilities and equipment. \2\From overflight fees. 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 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 FAA appropriations to the EAS programs. The administration proposes to change this program to permit financing of fee shortfalls through any appropriated funding of the Department. Many EAS points are located in remote rural areas: 55 of 74 communities served by the Essential Air Service Program are more than 100 highway miles from the nearest small, medium, or large hub airport. Twenty-seven 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. Without air service, such communities would be further isolated from the Nation's economic centers. The funding provided is adequate to maintain existing levels of service in Alaska. 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 February 1999. The $50,000,000 funding level is 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 relevant to Alaska. First, only two of the 27 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 FEBRUARY 1, 1999 States/communities Estimated mileage to nearest hub (small, medium, or large)\1\ Average daily enplanements at EAS point (year ending September 30, 1998) Current annual subsidy rates (February 1, 1999) Subsidy per passenger ARIZONA: 101 6.8 $432,564 $101.97 ARKANSAS: 108 6.5 943,347 231.50 CALIFORNIA: 234 18.3 189,043 16.52 COLORADO: 162 14.1 950,262 107.63 HAWAII: Kamuela 39 2.4 335,454 225.89 ILLINOIS: 126 2.4 218,783 142.72 IOWA: Ottumwa 85 3.5 529,274 241.68 KANSAS: 149 17.1 611,661 57.10 MAINE: 71 12.4 596,806 77.01 MICHIGAN: 59 6.8 357,588 84.26 MINNESOTA: 121 3.8 793,272 331.22 MISSOURI: 138 31.4 278,560 14.18 MONTANA: 280 5.3 671,032 203.04 NEBRASKA: 256 5.7 797,133 223.35 NEVADA: Ely 237 2.0 634,137 504.08 NEW MEXICO: 91 12.7 777,127 97.76 NEW YORK: 118 9.7 266,371 43.90 NORTH DAKOTA: 396 10.4 793,272 122.34 OKLAHOMA: 84 8.3 767,398 147.46 PENNSYLVANIA: Oil City/Franklin 86 35.9 243,923 10.86 SOUTH DAKOTA: 57 8.3 793,272 152.17 TEXAS: Brownwood 138 5.3 807,717 243.00 UTAH: 178 23.4 577,538 39.44 VERMONT: Rutland 69 13.0 596,806 73.27 WASHINGTON: Ephrata/Moses Lake 108 32.3 219,483 10.84 WEST VIRGINIA: 173 6.3 627,512 159.79 WYOMING: 144 31.3 494,617 25.22 \1\Hub designations are recalculated annually and published by the FAA in the Airport Activity Statistics. The above distances are based on the 1998 Airport Activity Statistics, which is based on CY 1997 passenger data. \2\Hiatus in service. GSA RENTAL PAYMENTS [Dollars and square feet in thousands] Administration Fiscal year 1998 actual Fiscal year 1999 estimate Fiscal year 2000 President's budget Funding Square feet Funding Square feet Funding Square feet Federal Highway Administration $17,480 1,077 $17,922 1,076 $20,275 909 National Highway Traffic Safety Administration 4,234 217 4,042 206 4,657 222 Federal Railroad Administration 2,930 123 3,084 112 3,302 127 Federal Transit Administration 3,307 155 3,500 157 3,824 157 Federal Aviation Administration 68,549 4,098 74,830 4,221 87,415 4,467 U.S. Coast Guard 35,730 2,367 35,285 1,870 35,610 1,870 St. Lawrence Seaway Development Corporation 198 7 192 7 Maritime Administration 4,351 286 4,333 258 4,200 258 Research and Special Programs Administration 2,075 106 1,965 98 2,389 110 Office of Inspector General 2,350 110 2,436 100 2,436 100 Office of the Secretary of Transportation (OST) 6,237 239 6,713 229 6,713 225 Transportation Administrative Service Center 6,715 294 5,000 250 10,278 415 Bureau of Transportation Statistics 660 24 750 25 855 27 Surface Transportation Board 1,468 57 1,569 57 1,613 58 --------- -------------- --------- ---------------- --------- ------------- Total, Department of Transportation 156,284 9,160 161,621 8,666 183,567 8,945 MINORITY BUSINESS RESOURCE CENTER PROGRAM Appropriations, 1999 $1,900,000 Budget estimate, 2000 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 2000, 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. 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, 1999 $2,900,000 Budget estimate, 2000 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. 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 2000 be 100 personnel. Advisory committees .--The Committee has retained a general provision (sec. 000) 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. 329) that allows a fair and sensible allocation of the rebates and miscellaneous and other funds. Departmental Aircraft .--The Committee is aware of the significant difficulty that the department has had in using aircraft for the movement of Department of Transportation officials and personnel under the Office of Management and Budget guidelines. If the department is unable to make use of dedicated aircraft in an efficient manner, the Committee believes that there are significant cost savings, flexibility, and efficiency to be garnered through utilizing the private sector for the limited business aircraft requirements of the FAA, the Office of the Secretary, and to a lesser extent, the Coast Guard. Accordingly, the Committee has included bill language that permits the fractional ownership of business aircraft by the department which will allow the department to sell underutilized business aircraft in the agency's inventory and utilizes those resources for more critical priorities. Fractional ownership provides access to an entire fleet of aircraft, availability of a mix of aircraft types and sizes, all on very short notice. Costs include aircraft share, a monthly management fee (to include maintenance, flight and cabin crew, crew training, and routine service), and an hourly rate for time aboard the aircraft. The Committee believes that fractional ownership of administrative aircraft in a number of situations could prove extremely beneficial in reducing the costs and inefficiencies of the aircraft in administrative roles which are currently owned and operated in the government inventory. Therefore, the Committee urges the department to establish a test program of fractional ownership for the Federal Aviation Administration, at a minimum, to replace existing mission support aircraft used for administrative requirements, with a mix of light to mid-size jets to determine the flexibility, efficiency, and cost benefits for the government. Other User fees .--The Committee has included bill language, as requested, which permits the Office of the Secretary to continue to credit to this account $1,250,000 in user fees. In addition, the administration's budget proposal includes provisions that would authorize the Secretary of Transportation to charge user fees for Coast Guard, Federal Aviation Administration, Federal Railroad Administration, Research and Special Programs Administration, Surface Transportation Board, and National Transportation Safety Board services, totaling $1,668,000,000. These provisions were drafted to produce the net effect of reducing the budgetary impact of the administration's request, but the agencies themselves are ``held harmless'' against potential loss of funds because the language is contingent upon authorization of the user fees. Each affected agency would have access to all budgetary resources provided in the appropriations bill, because the offsetting collections are not reduced from the general fund appropriation until the authorizing legislation is enacted. Despite this fact, the administration's budget takes full credit for these offsetting collections, artificially reducing the overall budget request. These proposals amount to budgetary ``smoke and mirrors''. Additionally, these proposed user fees represent new taxes on many different sectors of U.S. business and the traveling public. Congress has consistently rejected such user fee proposals, yet the administration continues to include them in its budget submissions. The Committee has included a general provision which directs that in the fiscal year 2000 budget submission, the Department must identify offsets for each proposed user fee. These identified offsets will be reduced from each agency's budget if the proposed fees are not authorized and enacted before the next fiscal year. This provision makes the administration fiscally accountable for its user fee proposals. Reductions and emergency supplementals in fiscal year 1999 appropriations .--In fiscal year 1999, reductions were made to a number of accounts due to the limitation or reduction imposed in the Transportation Administrative Service Center. In addition, the Omnibus Consolidated Appropriations Act, Public Law 105 277 included emergency supplemental appropriations and funding for Y2K conversions. In the Senate Committee report, each account head shows the amount appropriated in Division A of Public Law 105 277 before the various reductions or supplementals were made. The table below depicts the amount of funds appropriated for each of the accounts, and the reduction and supplementals. CHANGES IN FISCAL YEAR 1999 DEPARTMENT OF TRANSPORTATION APPROPRIATIONS [In thousands of dollars] Account Public Law 105 277 Public Law 105 262 Appropriations transfer from DOD National Defense Sealift Fund Net appropriation Division A Division B Section 101(g) GP 320 TASC Secs. 111 116 Title I Readiness Title II Antiterrorism Title III Appropriations transfer from Ofc of Pres. Y2K Conversion Title IV Hurricane Title V Drug interdiction Office of the Secretary: 60,490 -1,367 7,754 66,877 ---------------- ------------- ---------------- ------------------- ------------------------ -------------------------------------------------------------------- -------------------- ---------------------------- -------- ------------------------------------------------------------------------------- Subtotal -1,501 7,754 ================ ============= ================ =================== ======================== ==================================================================== ==================== ============================ ======== =============================================================================== U.S. Coast Guard: 2,700,000 -2,794 100,000 31,773 16,300 2,845,279 ---------------- ------------- ---------------- ------------------- ------------------------ -------------------------------------------------------------------- -------------------- ---------------------------- -------- ------------------------------------------------------------------------------- Subtotal -2,794 210,000 31,773 12,600 133,700 28,800 ================ ============= ================ =================== ======================== ==================================================================== ==================== ============================ ======== =============================================================================== Federal Aviation Administration: 5,562,558 -4,863 28,798 5,586,493 ---------------- ------------- ---------------- ------------------- ------------------------ -------------------------------------------------------------------- -------------------- ---------------------------- -------- ------------------------------------------------------------------------------- Subtotal -4,863 100,000 151,298 ================ ============= ================ =================== ======================== ==================================================================== ==================== ============================ ======== =============================================================================== Federal Highway Administration: (327,413) ( -2,646) (324,767) ---------------- ------------- ---------------- ------------------- ------------------------ -------------------------------------------------------------------- -------------------- ---------------------------- -------- ------------------------------------------------------------------------------- Subtotal -2,854 332,000 ================ ============= ================ =================== ======================== ==================================================================== ==================== ============================ ======== =============================================================================== National Highway Traffic Safety Administration: Operations and research and NDR (trust) 161,400 -974 752 161,178 ================ ============= ================ =================== ======================== ==================================================================== ==================== ============================ ======== =============================================================================== Federal Railroad Administration: 21,215 -369 20,846 ---------------- ------------- ---------------- ------------------- ------------------------ -------------------------------------------------------------------- -------------------- ---------------------------- -------- ------------------------------------------------------------------------------- Subtotal -369 28,000 ================ ============= ================ =================== ======================== ==================================================================== ==================== ============================ ======== =============================================================================== Federal Transit Administration: 54,000 -912 250 53,338 ---------------- ------------- ---------------- ------------------- ------------------------ -------------------------------------------------------------------- -------------------- ---------------------------- -------- ------------------------------------------------------------------------------- Subtotal -912 -392,000 ================ ============= ================ =================== ======================== ==================================================================== ==================== ============================ ======== =============================================================================== St. Lawrence Seaway Development Corp: Operations and Maintenance 11,496 -20 11,476 ================ ============= ================ =================== ======================== ==================================================================== ==================== ============================ ======== =============================================================================== Research and Special Programs Administration: 29,280 -314 282 29,248 ================ ============= ================ =================== ======================== ==================================================================== ==================== ============================ ======== =============================================================================== Subtotal -524 432 ================ ============= ================ =================== ======================== ==================================================================== ==================== ============================ ======== =============================================================================== Office of the Inspector General: Salaries and expenses 43,495 -179 43,316 ================ ============= ================ =================== ======================== ==================================================================== ==================== ============================ ======== =============================================================================== Bureau of Transportation Statistics\1\ (31,000) ( -208) (30,792) ================ ============= ================ =================== ======================== ==================================================================== ==================== ============================ ======== =============================================================================== Surface Transportation Board: Salaries and expenses 13,400 -10 13,390 ================ ============= ================ =================== ======================== ==================================================================== ==================== ============================ ======== =============================================================================== Total changes, Department of Transportation -15,000 332,000 210,000 100,000 192,259 12,600 133,700 28,800 \1\BTS reductions in parenthesis included under Federal-aid highways. U.S. COAST GUARD SUMMARY OF FISCAL YEAR 2000 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 $3,957,203,000 for the activities of the Coast Guard in fiscal year 2000. The following table summarizes the Committee's recommendations: [In thousands of dollars] Program Fiscal year-- Committee recommendations 1999 enacted 2000 estimate Operating expenses\1\\2\ 2,700,000 2,941,039 2,772,000 Acquisition, construction, and improvements\3\\4\ 395,465 350,326 370,426 Environmental compliance and restoration 21,000 19,500 12,450 Alteration of bridges\5\ 14,000 14,000 Retired pay (mandatory) 684,000 730,327 730,327 Reserve training\6\ 69,000 72,000 72,000 Research, development, test, and evaluation\6\ 12,000 21,709 17,000 Boat safety (mandatory) (64,000) (64,000) (64,000) Denali Commission expenses 4,000 -------------- --------------- ----------- Total 3,899,465 4,134,901 3,988,203 \1\Excludes reduction for TASC pursuant to section 320 of Public Law 105 277. Excludes $116,300,000 in emergency supplemental appropriations. Excludes supplemental funding for Y2K. \2\Fiscal year 1999 enacted amount includes $300,000,000 in defense discretionary funding; fiscal year 2000 estimate includes $334,000,000; fiscal year 2000 Committee recommended amount includes $534,000,000, each amount for national security activities of the Coast Guard and scored against budget function 050 (defense). \3\Includes $1,000,000 for fiscal year 1999 in asset sales. Excludes $217,400,000 emergency supplemental appropriations. Excludes supplemental funding for Y2K. \4\Fiscal year 2000 estimate includes $41,000,000 in proposed navigation assistance tax fees (proposed legislation). \5\Excludes $28,800,000 by transfer from DOD. \6\Excludes $5,000,000 in emergency supplemental appropriations. OPERATING EXPENSES General Trust Total Appropriations, 1999\1\ $2,675,000,000 $25,000,000 $2,700,000,000 Budget estimate, 2000\2\ 2,916,039,000 25,000,000 2,941,039,000 Committee recommendation\3\ 2,747,000,000 25,000,000 2,772,000,000 Secretary's discretionary transfer authority 60,000,000 60,000,000 ---------------- ------------- ---------------- Total available funds 2,776,000,000 25,000,000 2,832,000,000 \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 105 277; and excludes $116,300,000 supplemental appropriations. Excludes supplemental funding for Y2K. \2\Includes $334,000,000 for national security activities scored against budget function 050 (defense). \3\Includes $534,000,000 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 $2,772,000,000, including $25,000,000 from the oilspill liability trust fund and $534,000,000 from function 050 for the Coast Guard's defense-related activities. [In thousands of dollars] Fiscal year 1999 enacted\1\ Budget request Committee recommendation Personnel resources: 1,285,598 1,359,891 1,268,022 ----------------------------- ---------------- -------------------------- Total, personnel resources 1,757,945 1,879,381 1,764,109 ============================= ================ ========================== Operating funds and unit level maintenance: 109,646 109,616 104,146 District commands: 1st district 40,401 40,429 40,401 7th district 44,555 45,454 44,555 8th district 28,020 28,483 28,483 9th district 17,580 17,418 17,418 13th district 13,165 13,721 13,165 14th district 8,435 7,332 7,332 17th district 20,402 20,174 20,402 ----------------------------- ---------------- -------------------------- Total, operating funds and unit level maintenance 623,149 655,472 617,280 ============================= ================ ========================== Depot level maintenance: 150,337 156,862 150,337 ----------------------------- ---------------- -------------------------- Total, depot level maintenance 390,611 406,186 390,611 ============================= ================ ========================== Readiness and overseas operations supplemental 28,295 Counter-drug and interdiction supplemental 16,300 TASC reduction -2,794 ========================== ============================= ================ Total appropriation 2,813,506 2,941,039 2,772,000 \1\Includes reduction of $2,794,000 for TASC pursuant to Public Law 105 277. Includes supplemental appropriations of $116,300,000 for emergency expenses. Does not include supplemental funding for Y2K. Note.--Fiscal year 1999 enacted and fiscal year 2000 request include $300,000,000 and $334,000,000, respectively, for national security activities, budget function 050 (defense). PERSONNEL RESOURCES Military pay and benefits .--The bill includes $1,268,022,000 for military pay and allowances. This is $60,424,000 above the fiscal year 1999 enacted level. This amount fully funds the 4.8 percent pay raise that the Senate passed earlier this year; it also provides all funds requested for special pay, including retention incentives and DoD parity compensation, to slow the exodus of highly trained, qualified personnel from the Coast Guard. 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 and retention goals, as qualified individuals find other employment in a thriving economy and as personnel leave the Coast Guard due to the extraordinary pace of operations. 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. Military health care .--The Committee has provided $133,395,000 for military health care, an increase of $10,000,000 over the fiscal year 1999 enacted level. With other additional resources, military health care funding for fiscal year 2000 is $151,395,000, an increase of $12,325,000 above the budget request. Of the amount made available for health care, $3,000,000 is to be used to continue dependent and Coast Guard retiree enrollment in the Uniformed Services Family Health Plan. Training and education .--Due to budget constraints, the Committee recommends limiting training and education funding. The Coast Guard has excessive infrastructure and should consider consolidating its training to optimize utilization for a smaller force. As part of its streamlining effort, the Coast Guard conducted a study in 1995 that recommended closing the west coast training center. The Committee recommends that the Coast Guard close this facility and relocate all basic, advanced, and specialty training conducted there to the other four training centers. This consolidation results in a fiscal year 2000 savings of $10,000,000 not including non-recurring closure costs. Sitka Rocky Gutierrez Airport .--The Committee has been informed that the Coast Guard has been cooperating with state and local officials to transfer Coast Guard property to Sitka Airport as part of the airport's expansion plan. The Committee encourages the Coast Guard to continue to negotiate with state and local officials and make every effort to find a solution that is acceptable to all parties. OPERATING FUNDS AND UNIT LEVEL MAINTENANCE National security .--The Committee's recommendation includes $534,000,000 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 has deployed forces to support the current NATO operations in Yugoslovia. 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. Headquarters Directorates .--The Committee recommends $184,674,000, the same level of funding that was provided in fiscal year 1999. The recommendation is below the budget request due to budget constraints and are made without prejudice. Mackinaw .--The bill includes funding for continued operation and maintenance of the icebreaking cutter Mackinaw during fiscal year 2000. Drug interdiction activities .--The Committee has provided the requested $521,000,000 for the war on drugs. It should be left to the Commandant's discretion how the drug interdiction activities funding is to be distributed. The Committee believes that this area is perfectly suited for application of performance measures and evaluation of program impacts. 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 $183,000 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. Ballast water management program .--The Committee recommended funding level includes $3,000,000 to implement the nationwide ballast water management program. Vessel Maintenance .--The Committee requests the Coast Guard to provide a list of the locations where Coast Guard performs non-depot level maintenance or alters and modifies its vessels. The report should list all locations by Coast Guard district and by region and is to be received by July 30, 1999. DEPOT LEVEL MAINTENANCE The Committee recommends $390,611,000 for depot level maintenance for vessels, aircraft, electronic equipment, and shore facilities. This is the same amount as the enacted level for fiscal year 1999 and is $15,757,000 below the budget estimate. The reduction is due to fiscal constraints. BILL LANGUAGE 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 purposes of providing additional funds for drug interdiction activities or activities related to the Office of Intelligence and Security. 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. Notwithstanding this provision in the fiscal year 1999 conference report (Public Law 106 277), the budget request proposed to collect $41,000,000 from a new user fee on navigational services provided by the Coast Guard. The Committee has rejected the administration's proposal to raise taxes on transportation users year after year. Nevertheless, the administration continues to employ this tired budget gimmick because it presents a budget in which funding for the Coast Guard is artificially high. The bill includes a general provision to make the administration fiscally accountable for proposing unauthorized user fees. The bill directs the Department to identify a specific spending offset for each dollar collected by a new user fee in the fiscal year 2001 budget submission. Audit Reimbursement .--The bill includes a provision to transfer $5,000,000 to the Department of Transportation Inspector General. The transferred funding will reimburse the IG for audits and investigations of Coast Guard-related issues, programs, and systems. Other agencies are also required to transfer funds to the department IG. ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS General Trust Total Appropriations, 1999\1\ $375,465,000 $20,000,000 $395,465,000 Budget estimate, 2000\2\ 330,326,000 20,000,000 350,326,000 Committee recommendation 350,426,000 20,000,000 370,426,000 \1\Includes $1,000,000 in asset sales. Excludes $217,400,000 emergency supplemental appropriations. Excludes supplemental funding for Y2K. \2\Includes $41,000,000 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 1999 enacted\1\ Fiscal year 2000 estimate\2\ Committee recommendation Vessels 219,923 165,760 123,560 Aircraft 35,700 22,110 33,210 Other equipment 36,569 53,726 52,726 Shore facilities and aids to navigation 54,823 55,800 63,800 Personnel and related support 48,450 52,930 52,930 Deepwater replacement project\3\ \3\(20,000) (44,200) 44,200 ----------------------------- ------------------------------ -------------------------- Total 395,465 350,326 370,426 \1\Includes $1,000,000 in asset sales. Excludes $217,400,000 in supplemental appropriations. Excludes supplemental funding for Y2K. \2\Includes $41,000,000 in proposed navigation assistance fees. \3\The budget estimate proposes to fund the Deepwater project in vessels. VESSELS The Committee recommends $123,560,000 for vessel acquisition and improvements. The projected allocation of these funds is shown in the table below: VESSELS [In thousands of dollars] Fiscal year 2000 estimate Committee recommendation Acquire vessels and equipment: 77,000 77,000 Coastal patrol boat [CPB] 1,000 Stern loading buoy boat replacement 5,000 5,000 Mackinaw replacement 3,000 Surface search radar replacement project 4,000 4,000 Deepwater capability replacement 44,200 Repair, renovate, or improve existing vessels and small boats: 3,700 3,700 --------------------------- -------------------------- Total (new program level) 165,760 123,560 Mackinaw replacement .--The Committee recommends $3,000,000 to complete concept design on replacement vessel, including a multi-purpose altern