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104th Congress Report HOUSE OF REPRESENTATIVES 1st Session 104-177 _______________________________________________________________________ DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS BILL, 1996 _______ July 11, 1995.--Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______________________________________________________________________ Mr. Wolf, from the Committee on Appropriations, submitted the following R E P O R T together with ADDITIONAL VIEWS [To accompany H.R. 2002] The Committee on Appropriations submits the following report in explanation of the accompanying bill making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1996. INDEX TO BILL AND REPORT Page number Bill Report Narrative summary of Committee action...................... 1 2 Program, project, and activity............................. 4 Title I--Department of Transportation: Office of the Secretary.................... 2 11 Coast Guard................................ 7 22 Federal Aviation Administration............ 12 44 Federal Highway Administration............. 16 77 National Highway Traffic Safety Administration......................... 18 107 Federal Railroad Administration............ 21 120 Federal Transit Administration............. 25 135 Saint Lawrence Seaway Development Corporation............................ 30 157 Research and Special Programs Administration......................... 31 159 Office of Inspector General................ 33 168 Title II--Related Agencies: Architectural and Transportation Barriers Compliance Board....................... 33 169 National Transportation Safety Board....... 34 169 Interstate Commerce Commission............. 35 171 Panama Canal Commission.................... 35 172 Title III--General Provisions...................... 36 173 Title IV--National Capital Area Interest Arbitration Standards Act of 1995.............. 55 175 House Report Requirements: Inflationary impact statement.............. 176 Rescissions................................ 176 Transfers of funds......................... 177 ``Ramseyer'' rule.......................... 177 Changes in existing law.................... 179 Comparison with budget resolution.......... 183 Five-year projections of outlays........... 184 Assistance to state and local governments.. 184 Tabular summary of the bill................ 185 ------ Summary of the Bill The accompanying bill would provide $13,182,101,806 in new budget (obligational) authority for the programs of the Department of Transportation and related agencies, a decrease of $1,011,419,194 below the fiscal year 1995 level. The Committee has also recommended limitations on obligations for a number of programs that are, for the most part, financed by multi-year contract authority in legislative acts. The total of the limitations on obligations for these programs is $22,646,915,000, an increase of $876,017,000 above the levels enacted in fiscal year 1995. An additional $2,311,932,000 is estimated to be obligated for federal-aid highway programs exempt from the obligation limitation in the bill. The total recommended obligational authority (new budget authority, limitations on obligations, and exempt obligations) amounts to $38,140,948,806. This is $91,171,194 less than comparable fiscal year 1995 enacted levels, and $1,739,215,975 more than the budget request. Bill Highlights Faced with a smaller federal budget for transportation, the bill reflects an overall reduction of $1.4 billion in budget authority, a reduction of nearly 10 percent from fiscal year 1995 levels. Unlike the President's budget that called for a reduction of $2.5 billion in infrastructure programs without providing any specifics or details, this bill makes specific recommendations by program and places a high priority on public safety and investments in the future. This year the Committee has placed a high priority on trust fund spending in order to ensure highway and aviation users that their tax receipts are spent, and spent in an efficient manner. For example, the Committee recommendation spends 98.7 percent of the highway trust fund revenues collected this year. Similarly, the Committee has included $2.8 billion from the highway trust fund for transit formula and discretionary grants--the full amount authorized. In the case of the aviation trust fund, the Committee's recommendation for fiscal year 1996 is estimated to result in total spending (outlays) from the aviation trust fund of $5.9 billion, $90 million more than estimated trust fund tax receipts. Major Recommendations Selected major recommendations in the accompanying bill are: (1) A provision providing for total obligations, including exempt obligations, of $20,311,932,000 for federal-aid highways, an increase of $884,321,000 above fiscal year 1995; (2) The appropriation of $4,600,000,000 for operations of the Federal Aviation Administration, an increase of $4,606,000 above the fiscal year 1995 level, including the 5 percent air traffic revitalization pay for controllers; (3) The appropriation of $2,000,000,000 for facilities and equipment of the Federal Aviation Administration, a decrease of $87,489,000 below the fiscal year 1995 appropriation; (4) The appropriation of $2,566,000,000 for operating expenses of the Coast Guard, a decrease of $32,000,000 below the fiscal year 1995 level; (5) The appropriation of $628,000,000 for grants to the National Railroad Passenger Corporation (Amtrak), subject to authorizing legislation, to cover operating losses, capital expenses, and transition costs; (6) A total of $2,000,000,000 for the Federal Transit Administration's formula grants program, including $400,000,000 for transit operating assistance; (7) Two provisions to mitigate the reduction in transit operating assistance: (a) the repeal of section 13(c) of the Federal Transit Act and an abrogation of existing labor agreements; and (b) amendment of federal transit laws to permit periodic bus overhauls to be considered as a capital expense; (8) A provision providing for obligations of not to exceed $1,665,000,000 for the discretionary grants program of the Federal Transit Administration; (9) An appropriation of $200,000,000 for construction of the Washington, D.C. metrorail system; and (10) A total of $215,477,500 for the Office of the Secretary, $36,711,500 below fiscal year 1995 and $354,425,500 below the budget request. The Committee did not approve the request for $331,000,000 for headquarters facilities. Tabular Summary A table summarizing the amounts provided for fiscal year 1995 and the amounts recommended in the bill for fiscal year 1996 compared with the budget estimates is included at the end of this report. Committee Hearings The Committee has conducted extensive hearings on the programs and projects provided for in the Department of Transportation and Related Agencies Appropriations Bill for fiscal year 1996. These hearings are contained in eight published volumes totaling approximately 9,700 pages. The Committee received testimony from officials of the executive branch, Members of Congress, officials of the General Accounting Office, officials of state and local governments, and private citizens. The bill recommendations for fiscal year 1996 have been developed after careful consideration of all the information available to the Committee. Program, Project, and Activity During fiscal year 1996, for the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended, with respect to appropriations contained in the accompanying bill, the terms ``program, project, and activity'' shall mean any item for which a dollar amount is contained in an appropriations Act (including joint resolutions providing continuing appropriations) or accompanying reports of the House and Senate Committees on Appropriations, or accompanying conference reports and joint explanatory statements of the committee of conference. This definition shall apply to all programs for which new budget (obligational) authority is provided, as well as to discretionary grants, Federal Transit Administration, and interstate transfer grants- highways, Federal Highway Administration. In addition, the percentage reductions made pursuant to a sequestration order to funds appropriated for facilities and equipment, Federal Aviation Administration, and for acquisition, construction, and improvements, Coast Guard, shall be applied equally to each ``budget item'' that is listed under said accounts in the budget justifications submitted to the House and Senate Committees on Appropriations as modified by subsequent appropriations Acts and accompanying committee reports, conference reports, or joint explanatory statements of the committee of conference. Non-Technical Training This year the Committee held a special hearing on non- technical training in the Department of Transportation as a result of serious concerns raised in a DOT Inspector General investigative report regarding alleged abuses in management training and diversity training. What the Committee found in that report, and heard firsthand in the hearing, was nothing short of shocking. Witnesses described training methods and practices which were offensive to many employees' religious beliefs and which prescribed clearly theological readings. Some employees were forced to reveal and discuss highly personal feelings and traumatic experiences from their past, in the hope of changing their values or the values of other training participants. According to the Office of Inspector General (OIG), a distinguishing feature of much of this training was the use of confrontation by instructors, for the stated purpose of changing personal values and behavior. One male witness described the humiliation of being made to walk between a ``gauntlet'' of females, who assaulted him physically, ostensibly to change his values and attitudes toward women. At least two female witnesses described the need for professional psychological help after going through the training. The Office of Inspector General called this type of training a form of ``psychic roulette'', which some lost. Although top FAA and OST officials were aware of complaints from employees, they sacrificed some individuals for what they considered the larger good. Much of this fit the following description of ``new age'' training methods by management consultant Peter Drucker: In most cases, managers are simply told to attend. Even if there is ostensible choice, it is made pretty clear, or so managers think, that non-attendance would be seen as a sign of `disloyalty' or negative attitudes. They are ordered to attend this session aimed at changing their personality because somebody claims that it is likely to be good for them, or maybe good for the company. Drucker goes on to say that, in his view: Company-ordered psychological seminars of this kind are, in other words, an invasion of privacy that is not justified by any company need. They are morally indefensible. And they are bitterly resented as such by a good many of the people who are being subjected to them. Several management abuses occurred within the department which, in the Committee's view, should never have been allowed to happen. Although some administrative guidance was in place, the guidance allowed too much discretion to human resource managers infatuated with ``experiential'' training, was vaguely worded, and had few if any enforcement sanctions. Taken together, these abuses describe an organization which abandoned well-established principles for human resource management and training in an effort to sustain contracts with certain individuals. These abuses include: 1. Little or no distribution of course evaluations to students. 2. Little or no prior information provided to students on course content or methods. 3. Sole source contracting and split bid purchasing, which skirted competition. 4. Harassment of employees who expressed concern over methods or content used during the training. 5. Little or no background check of the instructors hired. 6. No inquiry to determine why students were pledged to secrecy in some cases. Given the findings of this hearing, the Committee has included a new general provision (Sec. 338) which is designed to ensure that training abuses such as these never happen again in the Department of Transportation. The provision would prohibit training which is likely to induce high levels of psychological stress, attempts to change participants' personal values or lifestyle outside the workplace, or which relates to skills or knowledge which has no bearing on one's official duties in the workplace. It bans training which contains methods associated with religious or quasi-religious belief systems, including so-called ``new age'' beliefs. The provision requires the use of end-of-course evaluations, and requires that employees be notified in advance of the content and methods to be used during the training. Finally, the provision prohibits HIV/AIDS awareness training other than that necessary to make employees more aware of the medical ramifications of HIV/AIDS and the workplace rights of HIV-positive employees. The Committee was concerned to learn this year of some HIV/AIDS training classes which overstepped the boundary of what the Committee considers proper, by attempting to change participants' attitudes concerning certain lifestyles. The Committee wants to support awareness training which informs employees about the medical aspects of AIDS and which promotes a greater sense of compassion toward people with HIV/AIDS and their families. However, the Committee does not support training which attempts to change one's personal values or promote certain lifestyles. If acceptable government-wide policy changes are made later in the appropriations process, the Committee will review the need for separate action in this bill. Safety Programs In this bill, the Committee has worked hard to protect funding for essential safety-related programs of the Department of Transportation and the independent agencies. This has been difficult, but not impossible, given the budget constraints faced by the Federal Government this year. In some cases, funds have been added to the administration's request for safety- related activities. However, if, in the judgment of departmental officials any of the Committee's recommendations would significantly harm transportation safety, or if unanticipated safety needs arise during the course of the appropriations process, the Committee welcomes discussions with the administration to adjust individual funding levels and provide the funding needed. The bill also allows significant flexibility through the reprogramming process, which requires no further legislative action. The Committee will work with administration officals to reprogram funds for safety programs if that should be required. TITLE I DEPARTMENT OF TRANSPORTATION Unified Transportation Infrastructure Investment Program Appropriation, fiscal year 1995......................................... Budget estimate, fiscal year 1996....................... $24,392,976,000 Recommended in the bill................................................. Bill compared with: Appropriation, fiscal year 1995..................................... Budget estimate, fiscal year 1996................... -24,392,976,000 The budget requested by the Administration proposed that certain programs for the Department of Transportation be funded from the Unified Transportation Infrastructure Investment Program (UTIIP). This new account is structured in two parts-- federal activities and state and local activities. In total, infrastructure spending would decrease from comparable 1995 levels by $2,500,000,000. Flexible funding mechanisms are proposed to allow states and localities to leverage reduced federal dollars. The new programs include an $18,000,000,000 Unified Allocation Grant that will be available to states and localities to spend on their transportation priorities. The UTIIP also includes a $1,000,000,000 discretionary grant to focus on projects of national or regional significance and $2,000,000,000 to capitalize state infrastructure banks. Funding for such activities as Amtrak, Northeast Corridor and transit operating assistance which were separately appropriated in previous years are included as separate line items in UTIIP. Also included is $1,142,972,000 for prior commitments including full funding grant agreements for transit new start projects, WMATA, and existing airport letters of intent. The following table compares funding levels for fiscal year 1995 and those proposed in 1996 both under UTIIP and current law: UNIFIED TRANSPORTATION INFRASTRUCTURE INVESTMENT PROGRAM [Appropriations and obligation limitations--In thousands of dollars] ------------------------------------------------------------------------ 1996 President's budget Comparable ------------------------------- 1995 \1\ Current law Current policy ------------------------------------------------------------------------ State and local initiative: Unified grant....... \2\ $22,911,25 8 \2\ $23,941,66 3 $18,000,000 State infrastructure banks.............. .............. .............. 2,000,000 Transit operating assistance......... 710,000 500,000 500,000 Prior commitments (LOIs, New starts, WMATA)............. 1,009,018 1,142,972 1,142,972 Rhode Island rail development........ 5,000 10,000 10,000 ----------------------------------------------- Total, state and local............ 24,635,276 25,594,635 21,652,972 =============================================== Direct Federal program: Discretionary grants (new program)...... .............. \4\ 300,000 1,000,000 Federal lands....... 448,000 \3\ 348,432 441,775 Research & development \5\.... 239,079 217,237 219,027 Grants to Amtrak.... 772,000 750,000 750,000 NECIP............... 200,000 235,000 235,000 Penn Station redevelopment...... 40,000 50,000 50,000 Administrative expenses \6\....... 43,060 44,202 44,202 ----------------------------------------------- Total, direct Federal.......... 1,742,139 1,944,871 2,740,004 =============================================== Total, UTIIP...... 26,377,415 27,539,506 24,392,976 ------------------------------------------------------------------------ \1\ Reflects the impact of reductions pursuant to ISTEA Sec. 1003(c), e.g. Federal Lands. \2\ Includes portions of Federal-Aid Highways, Grants-in-Aid for Airports (except for existing LOIs), transit Formula capital and Discretionary Grants (except for FFAs), and Local Rail Freight Assistance (FY 1995 only). \3\ Estimated obligations. \4\ Congestion Relief Initiative. \5\ Includes in each year Intelligent Transportation Systems, University Transportation Centers, and Transit Planning and Research. \6\ Includes Transit only; FHWA Limitation on General Operating Expenses included as drawdown under Unified Grant. The department's proposal is based on proposed legislation which has not been considered by the appropriate authorizing committees. Legislative language to effectuate the President's proposed program was not submitted until May 2, 1995. During extensive hearings on the department's proposed budget, the Committee requested that the department submit a budget based upon current law, distributing the reduction of $2,500,000,000 in the Department of Transportation's core infrastructure programs. During those hearings, the Deputy Secretary informed the Committee that the department would not provide specific budgetary recommendations by program, other than for salaries and expense accounts. The Committee rejects the department's proposed UTIIP proposal. Such a radical transformation in transportation programs and their delivery requires significant Congressional review and an authorization. Inasmuch as the administration and the department chose not to recommend specific budgetary levels for the Department's largest programs, the Committee has made the hard choices and the decisions that the department and the administration chose to avoid. Department of Transportation Reorganization Related to the proposed new UTIIP, the department has proposed a reorganization. The Department of Transportation proposal for consolidation, which was submitted to Congress on April 4, 1995, involves three major areas. First, all surface and maritime activities (other than the Coast Guard and the Saint Lawrence Seaway Development Corporation (SLSDC)) would be combined in a single Intermodal Transportation Administration (ITA). Second, the Federal Aviation Administration would continue its safety and security functions, incorporating also commercial space activities now housed with the Office of the Secretary. Third is the Coast Guard--a military service that transfers to the Navy upon declaration of war or when the President directs, and which has a distinct set of functions. No change in the Coast Guard's current status or activities is proposed, except for transfer of bridges activities related to the functions of the Intermodal Transportation Administration. The SLSDC is already a wholly owned government corporation and would be made a free-standing independent entity. The following table lists those accounts affected by the proposed reorganization: accounts proposed to be merged into the intermodal transportation administration Unified Transportation Infrastructure Investment Program Federal-Aid Highways Right-of-Way Revolving Fund Liquidating Account Highway-Related Safety Grants Motor Carrier Safety Grants Motor Carrier Safety Operations and Research (NHTSA) Operations and Research, Trust Fund (NHTSA) Highway Traffic Safety Grants Office of the Administrator (FRA) Railroad Safety Railroad Research and Development Next Generation High-Speed Rail Railroad Rehabilitation and Improvement Program Account Trust Fund Share of Next Generation High-Speed Rail Violent Crime Reduction Programs Alteration of Bridges Operating-Differential Subsidies Maritime Security Program Operations and Training (Maritime Administration) Maritime Guaranteed Loan (Title XI) Program Account Research and Special Programs Pipeline Safety Emergency Preparedness Grants accounts proposed to be included in the federal aviation administration Operations Aviation Insurance Revolving Fund Aircraft Purchase Loan Guarantee Program Facilities and Equipment Research, Engineering, and Develpment accounts proposed to be included in the coast guard Operating Expenses Acquisition, Construction, and Improvements Environmental Compliance and Restoration Retired Pay Reserve Training Research, Development, Test, and Evaluation account proposed to be established as an independent agency St. Lawrence Seaway Development Corporation: Operations and Maintenance The Committee has deferred consideration of the major reorganization of the department. Any large scale reorganization as contemplated by the department would be premature pending consideration and authorization of the proposed consolidated grant program. The Committee has, where appropriate, concurred with less significant components of the reorganization. In testimony before the Committee, Department of Transportation officials stated that the Department planned to focus on changes to the field structure in fiscal year 1997, after headquarters reorganizations were made in fiscal year 1996. The Committee acknowledges the need for a review of the organizational structure of the department, but suggests that rather than a comprehensive reorganization of the five surface modal administrations into one, a review and down-sizing of the department's field structure is more appropriate. DOT's role has been altered by changes that have occurred in the federal surface transportation landscape, particularly since the passage of ISTEA. For example, the Federal Highway Administration's field structure was put in place during the construction of the Interstate Highway System, when FHWA's primary customers, the state highway agencies, needed the technical expertise and guidance in their state capital that only a permanent presence could provide. The Interstate system is complete now, FHWA's customer base has expanded considerably to include, for example, metropolitan planning organizations in the major urban centers, citizens groups, and others. As the following chart indicates, 161 surface transportation field offices currently exist in the fifty states and the District of Columbia, and some cities have several offices. Given that DOT's customers are in virtually every city in the U.S., some type of field structure is appropriate. However, there is an opportunity to consolidate the regional and division offices and collocate field offices, thereby reaping benefits of shared administrative services, such as reception, printing, mailing, copying, and space. The existing field structure does not take advantage of collocation. As the chart indicates, the Denver metropolitan area, for example, has seven DOT surface transportation field offices, some located downtown and others outside of Denver. The Committee, therefore, has included a general provision (Sec. 336) canceling appropriations for personnel compensation and administrative expenses totaling $25,000,000. The Secretary is directed to reduce the existing field office structure and to the extent practicable, collocate the department's surface transportation field offices. To assist in this effort, the Committee has provided the department flexibility to transfer funds made available for personnel compensation and benefits and other administrative expenses to other appropriations accounts, provided that no appropriation shall increase or decrease by more than ten percent. <GRAPHIC NOT AVAILABLE IN TIFF FORMAT> Workers' Compensation The bill includes a new general provision (Sec. 340) which prohibits workers' compensation payments to DOT employees (excluding the Maritime Administration) on the workers' compensation rolls who are eligible to retire, or who become eligible to retire during fiscal year 1996, allowing a six- month grace period after the retirement eligibility point is reached. The Committee believes that, since workers' compensation provides more income (including tax-exempt status) for employees than would be realized under federal retirement benefits, many employees who are retirement-eligible have no incentive to retire, and little or no incentive to go back to work within the department. This provides an unnecessary drain on agency operating budgets. The vast majority of workers' compensation cases within the department are FAA employees. According to the FAA, many of their workers' compensation employees are over 60 years old, many having been on workers' compensation for at least twenty years. Most of these long-term cases are not currently re- employable by the FAA in any capacity. However, many are eligible for a civil service disability retirement, but have little incentive to apply since workers' compensation provides a higher income. Since workers' compensation payments are included as a discretionary part of the budget, and therefore in competition with the safety-related discretionary programs funded in this bill, the Committee cannot continue making these payments at the detriment of other critical programs. The Committee's recommended bill language does not mandate that these employees retire. However, should they choose to do so, their benefits would be the same as other federal retirees. The bill makes no change in their retirement eligibility or benefits. OFFICE OF THE SECRETARY Salaries and Expenses Appropriation, fiscal year 1995......................... \1\ $58,094,000 Budget estimate, fiscal year 1996....................... 62,164,000 Recommended in the bill................................. 55,011,500 Bill compared with: Appropriation, fiscal year 1995..................... -3,082,500 Budget estimate, fiscal year 1996................... -7,152,500 \1\ Reductions of $469,000 to comply with working capital fund, awards and transfer of $5,187,928 for consolidated civil rights office not reflected. The bill provides $55,011,500 for salaries and expenses of the various offices comprising the Office of the Secretary (OST). This is $3,082,500 below the level enacted last year. The Committee recommendation assumes the following reductions --------------------------------------------------------------------------- from the budget estimate: Reductions in staff: Amount 2 public affairs specialists........................ -$120,000 3 congressional affairs officers.................... -180,000 3 international transportation specialists.......... -206,250 3 attorney advisors................................. -300,000 4 management analysts............................... -352,250 Hold reception and representation costs to 1995 levels.. -20,000 Hold travel to $365,000................................. -150,000 Reduce contractual services for acquisition, maintenance and repair of ADP equipment and commercial online data information systems, and other reductions...... -1,210,000 In addition, the Committee recommendation assumes $91,000 and 1 FTE for aviation information management. Budget justifications.--Though the Committee has approved again the consolidated office-by-office appropriation for OST, the Committee wants to ensure adequate Congressional oversight and control over these expenses. The Committee is unable to ensure that oversight given the lack of detail and inadequacy of the budget justifications. Therefore, the department is directed to return to an office-by-office justification in the 1997 Congressional submissions. Staffing.--The Committee recommendation eliminates a number of positions in the Office of the Secretary, including 2 public affairs specialists (-$120,000), 3 congressional affairs officers (-$180,000), 3 international transportation specialists (-$206,250), 3 attorney advisors (-$300,000) and 4 management analysts (-$352,250). In light of severe budget constraints and government downsizing, it is the Committee belief that these positions can be eliminated without affecting the core responsibilities, functions and duties of the Department. Travel.--The Committee notes the significant increases in travel performed by the secretarial offices. In fiscal year 1995, the Department estimates that the secretarial offices will expend $457,000 on travel, an increase of $211,000 or 86 percent over 1994 levels. Given the serious budget constraints facing the Committee and the Department, this increase is excessive and gives the wrong impression when other areas of the Department are cutting back essential transportation and other services. Consequently, the Committee believes travel reductions in the Office of the Secretary are in order and recommends a reduction of $150,000 from the budget estimate of $513,000. Reception and representation.--The recommendation includes $40,000 for official reception and representation expenses of the Department, a decrease of $20,000 from the budget request. Given the serious budget constraints facing the Committee and the Department, an increase of fifty percent in reception and representation expenses seems excessive and again sends the wrong message when other administrative expenses of the Department are being reduced. ICC-related activities.--A separate salaries and expenses request of $4,705,000 was included in the budget for functions that would be transferred to the Department of Transportation upon sunset of the Interstate Commerce Commission. The Administration proposed to sunset the Interstate Commerce Commission with residual rail and motor carrier functions transferring to the Department. Handling of consumer complaints regarding household goods movers and review of rail mergers and acquisitions were proposed to be transferred to the Federal Trade Commission and the Department of Justice, respectively. The Committee has deferred consideration of this request, pending action by the appropriate authorizing committees of Congress. The Committee has included a general provision (Sec. 344) that provides $8,421,000 to the Department of Transportation to carryout certain rail and motor carrier functions that are to be transferred from the Interstate Commerce Commission. These funds would not become available to the ICC successor agency or Department until such transfer of functions was authorized in law. In addition, users fees collected would be available to carryout the transferred rail and motor carrier functions. Electronic tariff filing.--The bill includes a provision that permits the office of the secretary (OST) to credit $1,000,000 in user fees to support the electronic tariff filing system. This provision has been carried in Research and Special Programs Administration (RSPA), ``Research and Special programs'' in the past but is necessary in OST as this program has been transferred from RSPA to OST. The Department of Transportation inherited a 1938 requirement from the former Civil Aeronautics Board that requires maintaining physical custody of voluminous international passenger fare tariffs now being filed with the Department. Since the shift in 1989 to filing tariffs electronically, the vast majority of tariffs are now filed and available in more convenient electronic form. These electronic filings are now being duplicated in physical form by the Department only to meet the 1938 requirement. In order to encourage the most efficient use of Departmental staff resources, the Committee recommendation discontinues this needless duplication of tariff filings, whether funded by appropriations or user fees. Courier services.--The Committee notes that the Department's courier service has not delivered promptly the materials requested from the Department. While security has been tightened on the Capitol grounds in the wake of the Oklahoma City bombing, the Department is directed to take immediate corrective action to ensure that materials are delivered in a timely manner to the Committee. Hispanic serving institutions.--The Committee applauds the Department of Transportation on its efforts to enhance educational and career opportunities for minority students in the areas of science, technology and transportation matters. The Committee acknowledges the activities of the Office of Small and Disadvantaged Business Utilization (OSDBU), university transportation centers (UTCs), and the Research and Special Programs Administration (RSPA) in this regard. The Committee strongly encourages the department, especially its planning and research components (including but not limited to OSDBU, UTCs, and RSPA), to include participation by Hispanic serving institutions in any current or future plans to increase its pre-designated or targeted research, development and education funds. general provisions Limitation on political and Presidential appointees.--The Committee has included a provision in the bill (Sec. 311) identical to provisions in past Department of Transportation Appropriations Acts, which limits the number of political and Presidential appointees within the Department of Transportation. The ceiling for fiscal year 1996 is 110 personnel, which is the same as provided in fiscal year 1995. The bill specifies that no political or Presidential appointees covered by this provision may be detailed outside of the Department of Transportation. Advisory committees.--In previous years, the Committee has limited the funds used for the expenses of advisory committees of the Department of Transportation. This year the Committee has deleted this provision, as requested in the budget. Office of Civil Rights Appropriation, fiscal year 1995......................... (\1\) Budget estimate, fiscal year 1996....................... $12,793,000 Recommended in the bill................................. 6,554,000 Bill compared with: Appropriation, fiscal year 1995..................... +6,554,000 Budget estimate, fiscal year 1996................... -6,239,000 \1\ Transfer authority for $5,376,000 included under Salaries and Expenses. The Committee recommends a separate appropriation for the Office of Civil Rights, totaling $6,554,000. The recommendation includes an additional $809,000 to be derived from the limitation on general operating expenses of federal-aid highways, and reduces amounts budgeted for supplies and equipment by $371,000. The Office of Civil Rights is responsible for advising the Secretary on civil rights and equal opportunity matters and ensuring full implementation of civil rights and equal opportunity precepts in all of the Department's official actions. In fiscal year 1995, the management of internal civil rights activities was consolidated in the Office of the Secretary with transfer authority provided in the salaries and expenses account. In fiscal year 1996, the department requests a separate appropriation which would fund all civil rights activities in the department, including handling of external matters. Consolidation of civil rights offices.--The Committee recommendation disallows the transfer of 65 FTE and $5,868,000 to consolidate external civil rights functions in the Office of the Secretary, as proposed in the budget. The Committee notes the substantial differences between equal employment opportunities activities, which are generally personnel matters, and disadvantaged business enterprise contracting and other civil rights program activities. The Committee expects that the department will take no action to reorganize or otherwise affect changes to the current civil rights programs of the department. Transportation Planning, Research, and Development Appropriation, fiscal year 1995......................... \1\ $ 8,293,000 Budget estimate, fiscal year 1996....................... 15,710,000 Recommended in the bill................................. 3,309,000 Bill compared with: Appropriation, fiscal year 1995..................... -4,984,000 Budget estimate, fiscal year 1996................... -12,401,000 \1\ Reductions of $51,000 to comply with awards and provision not reflected. This appropriation finances those research activities and studies concerned with planning, analysis, and information development needed to support the Secretary's responsibilities in the formulation of national transportation policies. The overall program is carried out primarily through contracts with other federal agencies, educational institutions, nonprofit research organizations, and private firms. The Committee recommends $3,309,000 for this appropriation, which represents a decrease of $4,984,000 below the funding level provided for fiscal year 1995. The recommended level holds transportation and planning studies to $2,809,000 (-$795,000), an increase of 2.4 percent over last year, and permits annualization and other pay-related costs for current FTE. The Committee has included $70,000 for a planned project to identify factors contributing to successful telecommuting programs. The analysis should include transportation-related behavior and potential location changes that could promote further residential dispersions. The recommendation also includes $100,000 for analysis of the impacts on Mexico and the United States related to motor carrier functions under the North American Free Trade Agreement, and $500,000 for aviation management system improvements. The recommendation deletes funding for planned trade promotion activities which should be provided by the Department of Commerce. The recommended level reflects elimination of further funding for the development of the integrated personnel/payroll system (IPPS) (-$3,911,000 and 3 FTE), the transportation automated procurement system (TAPS) (-$6,195,000), and the docket management system (DMS) (-$1,000,000). The Committee's action will delay phases three through six of the IPPS project. The TAPS pilot test program and evaluation have yet to begin in the office of the secretary and, as a result, further departmental conversion and full implementation is premature. While the Committee agrees that further improvements are desirable, they must be deferred due to the high outlays associated with this account and the tight budget constraints facing the Congress. Office of Commercial Space Transportation operations and research Appropriation, fiscal year 1995......................... \1\ $6,060,000 Budget estimate, fiscal year 1996....................... (\2\) Recommended in the bill................................................. Bill compared with: Appropriation, fiscal year 1995..................... -6,060,000 Budget estimate, fiscal year 1996................................... \1\ Reductions of $53,000 to comply with awards and procurement reform provisions not reflected. \2\ Budget amendment transfers activities to the Federal Aviation Administration. The Committee recommendation deletes a separate appropriation for the Office of Commercial Space Transportation and reflects the Department's proposal to move this office from the Office of the Secretary to the Federal Aviation Administration. Working Capital Fund Limitation, fiscal year 1995............................ ($93,000,000) Budget estimate, fiscal year 1996....................... (104,364,000) Recommended in the bill................................\1\ (102,231,000) Bill compared with: Limitation, fiscal year 1995........................ (+9,231,000) Budget estimate, fiscal year 1996...................\1\ (-2,133,000) \1\ In fiscal year 1996, the limitation on working capital fund expenses is also addressed in a general provision (-$10,000,000). The working capital fund (WCF) finances common administrative services that are centrally performed in the interest of economy and efficiency in the department. Charges for services rendered are set at rates that return in full all operating expenses, including a normal reserve for accrued annual leave and depreciation of equipment. The fund is reimbursed by the offices being served. The WCF also may provide services to non-DOT entities on a fee-for-service basis, which are not constrained by the limitation. The bill includes language limiting fiscal year 1996 obligations of the Department of Transportation working capital fund to $102,231,000. In addition, the Committee has included a general provision (Sec. 327) that reduces, on a pro-rata basis, the amounts budgeted for the WCF by $10,000,000. The bill, therefore, provides a limitation of $92,231,000. Recommended reductions are as follows: Disallowance of transfer from OST of intermodal data network............................................. -$906,000 Defer docket management systems maintenance............. -465,000 Hold non-pay inflationary increases to 1.5 percent...... -262,000 Reduction in WCF-funded travel.......................... -300,000 Reduction in executive training and development programs -200,000 The Committee has not agreed with the budget request to eliminate all appropriations language and create a Service Bureau financed by the working capital fund to perform common services. The Committee has, however, modified the bill language to apply the obligation limitation only to services provided to DOT entities, enabling the working capital fund to provide services outside the obligation limitation to non-DOT entities. Working capital expenses are calculated by the Department and imposed on each agency. The Committee understands that on a per capita basis administrative costs imposed on each mode or office range from $507 to over $10,405, depending on size and usage and therefore believes that the Department should endeavor to reduce administrative positions, consolidate activities, and eliminate duplicative or unnecessary programs or projects. General provision.--In previous years, Congress has placed limitations on expenses of the working capital fund. However, for technical reasons, the savings resulting from the limitations have not been scored against the annual appropriations bills. In order to ensure that WCF funds are actually reduced in accord with Congressional directions and to receive proper credit for those savings, the Committee has continued a general provision (Sec. 327) which provides that amounts budgeted for the WCF in this bill are hereby reduced, on a pro rata basis, to the limitation level of $92,231,000. Payments to Air Carriers (Liquidation of Contract Authorization) (Airport and Airway Trust Fund) Liquidation of contract Limitation on authorization obligations Appropriation, fiscal year 1995... ($33,423,000) ($33,423,000) Budget estimate, fiscal year 1996. (\1\) (\1\) Recommended in the bill........... (15,000,000) (15,000,000) Bill compared with: Appropriation, fiscal year 1995......................... (-18,423,000) (-18,423,000) Budget estimate, fiscal year 1996......................... NA NA \1\ The President's budget proposed to consolidate this program into the Unified Transportation Infrastructure Investment Program. The essential air service program was created by the Airline Deregulation Act of 1978 as a temporary measure to continue air service to communities that had received federally mandated air service prior to deregulation. The program currently provides subsidies to air carriers serving small communities that meet certain criteria. Subsidies, ranging from $5 to $320, currently support air service to 82 communities and serve about 700,000 passengers annually. This program was established to provide a smooth phaseout of Federal subsidies to airlines that service small airports. The Committee recommends $15,000,000 for the essential air service program. The recommendation is $18,423,000 below last year's level. The President's budget had proposed to roll the program into the UTIIP and the House-passed budget resolution called for the termination of the program. In view of budget constraints and the realization that many rural communities need access to air service and would not have that access without the continuation of the essential air service program, the Committee has recommended a reduction of 55 percent from last year's level and a requirement that the state, the locality or an other non-federal entity pay at least fifty percent of the cost of providing such transportation. Recognizing the vagaries of state and local legislative calendars, communities may need some time to adjust to this matching requirement. In addition, the Department of Transportation will need to know in advance which communities will be matching and which will not. Hence, the matching requirement would not be implemented until 90 days after October 1, 1995. The bill includes language which (a) applies the matching requirement to the state of Hawaii and the 48 contiguous states, (b) applies the mileage criteria to communities of the 48 contiguous states within 70 miles of medium or large hub airports, and (c) excludes from the per passenger subsidy criteria essential air service points greater than two hundred and ten miles from the nearest large or medium hub airport. In addition, the Committee has included bill language that provides that communities which cannot generate any reasonable amount of matching funds would be allocated an amount of subsidy that is reduced from what it otherwise would be in the same proportion as the ``unmatched'' funds represent of the total to be made available in fiscal year 1996. The Committee is aware that some of the communities participating in the essential air program have been providing a match in recent years. It is the Committee's expectation that a participating community would be required to match the federal subsidy on a fifty-fifty basis; in other words, those communities currently providing a match would be required to provide a total match of fifty percent, not an additional fifty percent. The following table lists the projected subsidized essential air service points in fiscal year 1996: PROJECTED SUBSIDIZED ESSENTIAL AIR SERVICE (EAS) FOR FISCAL YEAR 1996 ------------------------------------------------------------------------ Average daily Estimated mileage enplanements at States/communities to nearest hub EAS point (YE 6/ (S,M, or L) 30/94) ------------------------------------------------------------------------ ALABAMA: Anniston................. 61 10.3 ARIZONA: Kingman....................... 103 10.7 Page.......................... 274 20.5 Prescott...................... 103 41.1 ARKANSAS: El Dorado/Camden.............. 108 10.9 Harrison...................... 139 10.3 Hot Springs................... 54 12.9 Jonesboro..................... 71 11.1 CALIFORNIA: Crescent City................. 233 13.0 Merced........................ 64 24.8 Visalia....................... 40 16.5 COLORADO: Cortez........................ 253 27.9 Lamar......................... 162 4.1 HAWAII: Kamuela................... 39 4.6 ILLINOIS: Mattoon/Charleston............ 146 4.4 Mt. Vernon.................... 93 7.9 IOWA: Ottumwa..................... 92 6.3 KANSAS: Dodge City.................... 156 13.1 Garden City................... 209 21.9 Goodland...................... 190 3.2 Great Bend.................... 116 4.8 Hays.......................... 175 16.7 Liberal/Guymon................ 162 10.1 Topeka........................ 76 31.8 MAINE: Augusta/Waterville \2\........ 71 13.5 Bar Harbor.................... 164 17.6 Rockland...................... 79 11.2 MINNESOTA: Fairmont...................... 153 4.0 Fergus Falls.................. 185 10.9 Mankato....................... 75 4.5 Worthington................... 65 2.3 MISSOURI: Cape Girardeau................ 133 18.8 Ft. Leonard Wood.............. 130 12.2 Kirksville.................... 158 8.4 MONTANA: Glasgow....................... 279 5.9 Glendive...................... 223 2.9 Havre......................... 251 4.4 Lewistown..................... 129 3.6 Miles City.................... 145 3.0 Sidney........................ 273 7.7 Wolf Point.................... 295 6.3 NEBRASKA: Alliance...................... 242 2.3 Chadron....................... 301 2.3 Hastings...................... 160 3.0 Kearney....................... 186 11.2 McCook........................ 259 3.4 North Platte.................. 282 5.2 Scottsbluff................... 202 8.6 NEVADA: Ely....................... 236 5.7 NEW HAMPSHIRE: Keene \3\.......... 56 12.3 NEW MEXICO: Alamogordo/Holloman AFB....... 92 11.6 Clovis........................ 106 14.6 Silver City/Hurley/Deming..... 163 10.4 NEW YORK: Massena....................... 149 20.1 Ogdensburg.................... 127 10.5 Watertown..................... 69 16.6 NORTH DAKOTA: Devils Lake................... 403 11.8 Dickinson..................... 313 7.5 Jamestown..................... 304 10.8 OKLAHOMA: Enid.......................... 91 9.4 Ponca City.................... 88 11.8 PENNSYLVANIA: Oil City/Franklin... 91 30.5 PUERTO RICO: Ponce................ 80 31.2 SOUTH DAKOTA: Brookings..................... 58 4.0 Mitchell...................... 72 2.1 Yankton....................... 96 10.1 TEXAS: Brownwood.................. 153 4.7 UTAH: Cedar City.................... 173 18.7 Moab.......................... 241 6.1 Vernal........................ 171 17.0 VERMONT: Rutland \3\.............. 67 20.4 VIRGINIA: Danville...................... 68 13.3 Staunton...................... 108 35.0 WASHINGTON: Ephrata/Moses Lake.... 122 16.1 WEST VIRGINIA: Beckley....................... 186 19.3 Clarksburg/Fairmont........... 107 8.8 Morgantown.................... 75 12.0 Princeton/Bluefield........... 145 21.6 WYOMING: Worland.................. 164 9.1 ------------------------------------------------------------------------ \1\ The above list of communities is based on currently available data, and is subject to change for a number of reasons. Subsidy rates are subject to change as their two-year rate terms expire throughout the year. In addition, air carriers submit passenger traffic data on a quarterly basis. Changes in both subsidy rates and traffic will of course change the subsidy-per-passenger calculation. Further, some communities currently receiving subsidy-free service may require subsidy in the future while some currently subsidized communities may attain profitability and no longer require subsidy. Finally, Hub designations are recalculated annually and published by the FAA in the Aircraft Activities Statistics. \2\ Based on CY 1993 due to service disruptions. \3\ Enplanements based on less than a full year's passenger data annualized. Payments to Air Carriers (RESCISSION OF CONTRACT AUTHORIZATION) (Airport and Airway Trust Fund) Rescission, fiscal year 1995............................ (-$4,000,000) Budget estimate, fiscal year 1996....................... (-38,600,000) Recommended in the bill................................. (-23,600,000) Bill compared with: Rescission, fiscal year 1995........................ (-19,600,000) Budget estimate, fiscal year 1996................... (15,000,000) The bill includes a rescission of contract authority of $23,600,000. This rescission removes contract authority which is not available for obligation due to annual limits on obligations. A similar rescission of $4,000,000 was made in fiscal year 1995. Payments to Air Carriers (RESCISSION) Rescission, fiscal year 1995............................................ Budget estimate, fiscal year 1996....................................... Recommended in the bill................................. -$6,786,971 Bill compared with: Rescission, fiscal year 1995........................ -6,786,971 Budget estimate, fiscal year 1996................... -6,786,971 The bill includes a rescission of balances of general funds from prior years. The Airline Deregulation Act of 1978, section 419, included a subsidy program to ensure scheduled air service to specified communities. Prior to fiscal year 1992, funding for this subsidy was provided from the general fund. Starting in fiscal year 1992, this program has been funded from the Airport and Airway trust fund. For the past several years, balances have been carried forward in the general fund account. These balances are no longer required as the program is now funded from the trust fund account. Rental Payments Appropriation, fiscal year 1995......................... $144,419,000 Budget estimate, fiscal year 1996 \1\ \2\............... 143,436,000 Recommended in the bill................................. 130,803,000 Bill compared with: Appropriation, fiscal year 1995..................... -13,616,000 Budget estimate, fiscal year 1996................... -14,633,000 \1\ Rental payments for the FHWA are separately budgeted but reimbursed to this account. \2\ Includes budget amendment to reduce this account by $2,000,000. The bill provides $130,803,000 in a consolidated appropriation for rental payments to the General Services Administration (GSA). These funds are used to pay GSA for headquarters and field space rental and related services. In addition to these consolidated funds, the bill recommends that $17,099,000 shall be provided to GSA from the Federal Highway Administration's Limitation on general operating expenses. This brings total funding to $147,902,000 excluding funding transferred for Marad. The Committee has been concerned for some time over the spiraling growth in these expenses, and has limited to 8,580,000 square feet the amount of space that the Department may lease from the GSA. The Committee has included a general provision (Sec. 337) that will permit the Secretary to transfer funds made available for salaries and expenses to ``Rental payments'' to cover space utility charges and other related expenses in excess of the amounts provided in the bill. Headquarters Facilities Appropriation, fiscal year 1995......................................... Budget estimate, fiscal year 1996....................... $331,000,000 Recommended in the bill................................................. Bill compared with: Appropriation, fiscal year 1995..................................... Budget estimate, fiscal year 1996................... -331,000,000 The budget requests a change of administration policy to budget new buildings with the affected agency rather than GSA. The rationale for this change is to shift GSA into a policy and oversight organization for Government-wide administrative services and to hold the agencies responsible for determining their facility requirements and priorities. The Committee has rejected the request, noting that the proposal represents a significant change in policy which requires the concurrence and legislative action of the appropriate authorizing committees. Minority Business Resource Center Program Limitation on Appropriation direct loans Appropriation, fiscal year 1995...... $1,900,000 ($15,000,000) Budget estimate, fiscal year 1996.... 1,900,000 (15,000,000) Recommended in the bill.............. 1,900,000 (15,000,000) Bill compared with: Appropriation, fiscal year 1995.. ............... ................ Budget estimate, fiscal year 1996 ............... ................ The minority business resource center of the Office of Small and Disadvantaged Business Utilization provides assistance in obtaining short-term working capital and bonding for disadvantaged, minority, and women-owned businesses. The program enables qualified businesses to obtain loans at prime interest rates for transportation-related projects. Prior to fiscal year 1993, loans under this program were funded by the Office of Small and Disadvantaged Business Utilization without a limitation. Reflecting the changes made by the Federal Credit Reform Act of 1990, beginning in fiscal year 1993 a separate appropriation was proposed in the President's budget only for the subsidy inherently assumed in those loans and the cost to administer the loan program. The recommendation fully funds the budget request, which provides a limitation on direct loans of $15,000,000 and subsidy and administrative costs totaling $1,900,000, the same levels as last year. Minority Business Outreach Appropriation, fiscal year 1995......................................... Budget estimate, fiscal year 1996....................... $2,900,000 Recommended in the bill................................. 2,900,000 Bill compared with: Appropriation, fiscal year 1995..................... +2,900,000 Budget estimate, fiscal year 1996................................... This appropriation provides contractual support to assist minority business firms, entrepreneurs, and venture groups in securing contracts and subcontracts arising out of projects that involve Federal spending. It also provides grants and contract assistance that serves DOT-wide goals and not just OST purposes. Unobligated balances funded program activities last year. The Committee has provided $2,900,000, the same level as included in the budget. The Committee has deleted language requested in the budget that would allow the funds provided for minority business outreach activities to be used for business opportunities related to any mode of transportation. Such activities are unauthorized. COAST GUARD Summary of Fiscal Year 1996 Program The Coast Guard, as it is known today, was established on January 28, 1915, through the merger of the Revenue Cutter Service and the Lifesaving Service. This was followed by transfers to the Coast Guard of the United States Lighthouse Service in 1939 and the Bureau of Marine Inspection and Navigation in 1942. The Coast Guard has as its primary responsibilities enforcing all applicable federal laws on the high seas and waters subject to the jurisdiction of the United States; promoting safety of life and property at sea; aiding navigation; protecting the marine environment; and maintaining a state of readiness to function as a specialized service of the Navy in time of war. The Committee recommends a total program level of $3,660,556,000 for activities of the Coast Guard in fiscal year 1996. This is $82,341,000 (2.4 percent) less than the budget estimate, and $3,230,000 more than the fiscal year 1995 program level. The following table summarizes the fiscal year 1995 program levels, the fiscal year 1996 program requests, and the Committee's recommendations: ---------------------------------------------------------------------------------------------------------------- Fiscal year-- Bill compared ------------------------------------ Recommended in with fiscal the bill year 1996 1995 enacted 1996 estimate estimate ---------------------------------------------------------------------------------------------------------------- Operating expenses........................ \1\ $2,598,000,00 0 $2,618,316,000 $2,566,000,000 -$52,316,000 Acquisition, construction, and improvements............................. 362,950,000 428,200,000 375,175,000 -53,025,000 Environmental compliance and restoration.. 23,500,000 25,000,000 21,000,000 -4,000,000 Alteration of bridges..................... ................. 2,000,000 16,000,000 +14,000,000 Retired pay............................... 562,585,000 582,022,000 582,022,000 ............... Reserve training.......................... 64,981,000 64,859,000 61,859,000 -3,000,000 Research, development, test, and evaluation............................... 20,310,000 22,500,000 18,500,000 -4,000,000 Boat safety............................... 25,000,0000 ............... 20,000,000 +20,000,000 --------------------------------------------------------------------- Total............................... 3,657,326,000 3,742,897,000 3,660,556,000 -82,341,000 ---------------------------------------------------------------------------------------------------------------- \1\ Excludes $11,200,000 in the Department of Defense Appropriations Act, 1995, $28,297,000 in the Military Readiness Supplemental Act, 1995, reductions of $864,825 to comply with working capital fund, awards and procurement reform provisions, and transfer of $792,828 for consolidated civil rights office. Operating Expenses Appropriation, fiscal year 1995.......................\1\ $2,598,000,000 Budget estimate, fiscal year 1996....................... 2,618,316,000 Recommended in the bill................................. 2,566,000,000 Bill compared with: Appropriation, fiscal year 1995..................... -32,000,000 Budget estimate, fiscal year 1996................... -52,316,000 \1\ Excludes $11,200,000 in the Department of Defense Appropritions Act, 1995, $28,297,000 in the Military Readiness Supplemental Act, 1995, reductions of $864,825 to comply with working capital fund, awards and procurement reform provisions, and transfer of $792,828 for consolidated civil rights office. budget by mission category The following data is based on the Coast Guard budget submission and summarizes, by Coast Guard mission, the expected resources to be provided for each major Coast Guard mission for fiscal years 1994 through 1996. Because of the nature of the service's accounting systems and unknown changes in operational needs, these figures are estimates. ------------------------------------------------------------------------ 1994 actual 1995 estimate 1996 estimate ------------------------------------------------------------------------ Search and rescue........ $371,863,000 $361,573,000 $362,128,000 Aid to navigation.... 440,254,000 491,867,000 492,622,000 Marine safety.. 281,655,000 310,096,000 310,572,000 Marine environmental protection.... 229,442,000 221,180,000 221,520,000 Enforcement of laws and treaties...... 967,285,000 889,155,000 890,519,000 Ice operations. 81,628,000 85,467,000 85,598,000 Defense readiness..... 79,177,000 103,694,000 103,853,000 Headquarters administration 144,018,000 147,337,000 151,504,000 -------------------------------------------------------- Total.... 2,595,322,000 2,610,369,000 2,618,316,000 ------------------------------------------------------------------------ financial management Budget justifications.--For many years, the Committee has encouraged the Coast Guard to develop budget and accounting systems which provide more useful information to the Congress in annual budget reviews, and which more accurately explain the service's planned costs and expenditures. While some progress has been made, the Committee was very disappointed this year to discover that the detailed justification material for operating expenses continues to be based on incremental changes to the base amounts or programmatic initiatives, and not on the overall budget request by program, project and activity (PPA). In addition, errors in the breakdown by PPA indicate the service spent most of its effort justifying changes to the previous year's base funding, and not justifying the entire budget. For example, the budget breakdown by PPA requests $151,504,000 for headquarters administration in fiscal year 1996. However, in budget hearings, the Coast Guard stated these figures were in error, and offered a new estimate of $172,862,000. This calls into question other elements of the request, since in this one case alone, $21,358,000 must be reduced from other parts of the request. The Committee wishes to emphasize to the Coast Guard that the fiscal year 1997 justifications are to be based upon program, project and activity and not upon changes to base funding amounts, and full justification is expected on that basis. Reprogramming procedures.--The Committee believes, based on testimony this year, that the Coast Guard has been improperly interpreting the existing reprogramming guidelines for this appropriation. Those guidelines state that Congressional approval is required for funding shifts of ten percent or more among PPAs. Congressional guidance further states that PPAs are defined as any item for which a specific dollar level is cited in appropriations Acts or the reports accompanying those Acts. Although reports accompanying the fiscal year 1995 DOT Appropriations Act specify dollar levels down to three and sometimes four levels, the Coast Guard has interpreted PPA to mean only the program (budget activity) level. This has had the effect of allowing shifts of appropriated funds without Congressional notification and approval, far in excess of what is allowed under the existing guidelines. For example, the fiscal year 1995 appropriation of $2,108,000 for communication stations was raised internally by the Coast Guard to $3,107,000. Activities Europe was reduced 27 percent, from $5,631,000 to $4,098,000. Shifts of fiscal year 1994 funds were as high as 64 percent, with no Congressional notification. The Committee intends to provide the Coast Guard flexibility in allocating its operating funds, but wishes to clarify the requirement for Congressional review under the existing guidelines. Committee Recommendation The Committee recommends a total of $2,566,000,000 for operating activities of the Coast Guard in fiscal year 1996. This is $52,316,000 less than the budget request, and $32,000,000 below the fiscal year 1995 program level. The following table compares the fiscal year 1995 enacted level, the fiscal year 1996 estimate, and the recommended level by program, project and activity: ------------------------------------------------------------------------ Program, Fiscal year-- project and -------------------------------------- 1996 recommended activity 1995 enacted 1996 estimate ------------------------------------------------------------------------ Pay and Allowances: Military pay and benefits.. $1,225,490,000 $1,230,154,000 $1,209,853,000 Civilian pay and benefits.. 173,367,000 177,263,000 177,613,000 Permanent change of station... 59,644,000 60,233,000 60,233,000 Medical care and equipment. 124,487,000 124,185,000 117,885,000 Leased housing... ................. ................. 14,900,000 Budget activity- wide adjustment s......... ................. ................. -9,850,000 Depot Level Maintenance: Aircraft... 138,124,000 139,041,000 139,041,000 Electronics 31,652,000 31,549,000 31,549,000 Shore Facilities 93,963,000 95,645,000 95,645,000 Vessels.... 98,465,000 99,081,000 99,081,000 Operations and Support: Area Operations and Support: Cutters : Med iu m en du ra nc e (W ME C) 15,819,000 15,451,000 15,451,000 Hig h en du ra nc e (W HE C) 10,807,000 11,070,000 11,070,000 Pol ar ic eb re ak er s (W AG B) 1,936,000 2,024,000 2,024,000 Area Office s..... 11,298,000 12,156,000 12,156,000 Mainten ance and Logist ics Comman ds.... 121,806,000 125,616,000 125,616,000 Communi cation s Statio ns.... 3,107,000 3,262,000 3,262,000 District Operations and Support: Distric t Office s..... 58,059,000 56,641,000 51,041,000 Groups and Bases. 68,015,000 68,592,000 68,592,000 Combine d Group/ Air Statio ns.... 9,468,000 9,827,000 9,827,000 Air Statio ns.... 45,727,000 45,028,000 45,028,000 Marine Safety Office s..... 7,645,000 9,785,000 9,785,000 LORAN Statio ns.... 6,254,000 6,491,000 6,491,000 Cutters : WLBs and Smalle r; Mackin aw.... 27,132,000 29,599,000 29,599,000 VTS System s..... 219,000 247,000 247,000 Ammunition and Small Arms...... 5,791,000 4,707,000 4,707,000 Recruiting and Training Support: Recruiting. 5,861,000 5,467,000 5,467,000 Training Centers (Yorktown & Petaluma). 27,535,000 26,522,000 26,522,000 Coast Guard Academy... 12,635,000 12,747,000 12,747,000 Professiona l Training & Education. 25,833,000 26,207,000 25,207,000 Coast Guard Wide Centralized Services: Headquarter s-Managed Units: Supply Center s..... 8,914,000 8,554,000 8,554,000 Finance Center 4,682,000 4,776,000 4,776,000 Militar y Pay and Person nel Center 1,115,000 1,137,000 1,137,000 Activit ies Europe 4,098,000 -1,372,000 -1,372,000 Coast Guard Yard.. 1,913,000 1,945,000 1,945,000 Strike Teams. 2,531,000 2,678,000 2,678,000 Nationa l Pollut ion Funds Center 1,207,000 1,231,000 1,231,000 COMDAC Suppor t Facili ty.... 2,024,000 2,054,000 2,054,000 Air Statio n Washin gton D.C... 907,000 925,000 925,000 Operati ons System s Center 5,123,000 6,901,000 6,901,000 Telecom munica tions System s Comman d..... 2,801,000 2,919,000 2,919,000 Omega Naviga tion System s Center 3,866,000 404,000 404,000 Intelli gence Coordi nation Center 258,000 263,000 263,000 Electro nics Engine ering Center 2,828,000 3,533,000 3,533,000 Coast Guard Institute. 744,000 759,000 759,000 Researc h and Develo pment Center 429,000 436,000 436,000 Militar y Person nel Center 786,000 801,000 651,000 Civilia n Person nel Office s..... ................. ................. 393,000 Headquarter s/ Centralize d Bill Paying: Headqua rters. 122,372,000 121,497,000 119,497,000 Postal. 7,516,000 6,674,000 6,674,000 FTS.... 12,500,000 12,060,000 10,626,000 Federal Employ ment Compen sation 6,243,000 6,890,000 6,243,000 Unemplo yment Compen sation 4,546,000 4,661,000 4,546,000 Account-Wide Adjustments... ................. ................. -18,562,000 -------------------------------------------------------- Total appr opri atio n... 2,607,542,000 2,618,316,000 2,566,000,000 ------------------------------------------------------------------------ The recommended reduction from the budget estimate includes the following adjustments: ------------------------------------------------------------------------ Program, project and Budget estimate Committee Change from activity recommended request ------------------------------------------------------------------------ Pay and Allowances: Military Pay and Benefits: Militar y pay raise (2.2%) $20,070,000 $18,669,000 -$1,401,000 Militar y essent iality (conve rsion to civili an)... 0 -1,000,000 -1,000,000 General detail 174,812,000 171,812,000 -3,000,000 Leased housin g (trans fer).. 14,900,0000 0 -14,900,000 Civilian Pay and Benefits: Senior execut ive servic e staffi ng.... N/A 1,000,000 +1,000,000 Youth opport unity staffi ng.... 1,645,700 820,700 -825,000 Medical Care and Equipment: Hold costs to fiscal year 1995 level. 134,100,000 127,800,000 -6,300,000 Leased Housing (Transfer) 0 14,900,000 +14,900,000 Budget Activity- Wide: Acceler ate existi ng stream lining plan.. 0 -4,850,000 -4,850,000 Acceler ate FY97 restru cturin g plan 0 -5,000,000 -5,000,000 Operations and Support: District offices... 56,641,000 51,041,000 -5,600,000 Recruiting and Training: Graduate school tuition... 2,300,000 1,300,000 -1,000,000 Coast Guard- Wide Centralized Services and Support: Civilian personnel office consolidat ion....... -393,000 ................. +393,000 Military personnel center.... 801,000 651,000 -150,000 FTS 2000... 12,060,000 10,626,000 -1,434,000 Headquarter s administra tion...... 172,862,000 170,862,000 -2,000,000 Workers' compensati on (hold to FY95 level).... 11,551,000 10,789,000 -762,000 Studies and analyses.. 2,800,000 1,800,000 -1,000,000 Account-Wide Adjustments: Recreationa l equipment. 296,000 150,000 -146,000 Non-pay inflation. 23,368,000 17,526,000 -5,842,000 Non- operationa l travel.. 39,334,000 37,503,000 -1,831,000 MPPC contractin g out..... N/A -500,000 -500,000 Undistribut ed........ 0 -10,243,000 -10,243,000 ------------------------------------------------------------------------ Pay and Allowances The bill includes $1,570,634,000 for pay and allowances for Coast Guard personnel, which is a $12,354,000 (less than one percent) decrease below the level provided for fiscal year 1995. Pay raise.--The bill includes funds for a 2.2 percent pay raise for both military and civilian personnel of the Coast Guard. The President's budget proposed a 2.4 percent military pay raise and a 2.2 percent raise for civilian personnel. The Committee believes civilians and military personnel should receive the same general pay raise. By the end of this year's appropriations cycle it would be the Committee's intent to provide Coast Guard military members the same pay raise as provided for Department of Defense military. Additional funds are provided for cost of living adjustments for military members living in high cost areas of the United States. No funds are included for civilian locality pay. Special pays.--The bill includes all funds requested for special pays for military personnel. The following table, provided by the Coast Guard, summarizes those costs for fiscal year 1996: Special pay Amount Responsibility pay...................................... \1\ $0 Diving pay.............................................. 62,472 Hostile fire imminent danger pay........................ \2\ 900,000 Sea pay................................................. 14,025,000 Certain places pay...................................... 151,000 Aviation career incentive pay........................... 6,266,100 Hazardous duty incentive pay............................ 5,107,200 Special duty assignment pay............................. 1,875,456 Selective reenlistment bonuses.......................... \3\ 1,635,492 -------------------------------------------------------- ____________________________________________________ Total............................................... $30,022,720 \1\ Responsibility pay eliminated in fiscal year 1995. \2\ Higher estimate for fiscal year 1996 over fiscal year 1993 and fiscal year 1994 is due to the expected continuation of Persian Gulf, Haitian and Adriatic theaters of operations. This estimate is lower than expected fiscal year 1995 obligations. \3\ No new payments, only previous years' installments due. Troops to teachers program.--The Committee includes $404,000 for Coast Guard participation in the ``troops to teachers'' program, an increase of 45 percent over the $278,000 provided for fiscal year 1995. Military essentiality.--The recommendation includes a reduction of $1,000,000 assuming the conversion of administrative support positions from military to civilian. A recent General Accounting Office study found that many military positions in the Department of Defense did not meet the ``military essentiality'' criteria, and should be converted to civilian positions at a cost savings of approximately $15,000 per position. Following up that study, the House-passed Defense Authorization Bill for fiscal year 1996 requires DOD to convert 10,000 military positions to civilian. The Committee's review of positions in certain offices and facilities this year leads to the inescapable conclusion that similar savings are possible in the Coast Guard. This is supported by testimony from the DOT Inspector General, who stated ``the Coast Guard actually has several areas where military personnel could effectively be replaced by civilians''. The recommendation assumes the conversion of approximately 65 positions. General detail.--The Committee recommends a reduction in this overhead account from $174,812,000 to $171,812,000 due to budget constraints and lower general detail requirements resulting from the downsized military workforce. Continental U.S. cost of living adjustment (CONUS COLA).-- The bill includes $6,796,000 for a cost of living adjustment for military members living in high cost areas of the continental United States. This discretionary pay was first authorized in the 1995 Defense Authorization Act. Fiscal year 1996 is the first year of the program. Leased housing.--The Committee recommends transferring funds for leased housing from ``Military pay and allowances'' to a new budget line. The Committee believes that payments to private contractors for leased housing should not be combined in the same budget line with salaries and direct payments to individuals. Furthermore, the Committee's recommendation brings Coast Guard budgeting practices more into line with the Department of Defense, which excludes such costs from military personnel accounts. Senior executive service (SES) staffing.--During Committee hearings this year, the Coast Guard testified that there are only ten senior executive service (SES) positions in the entire service, and none are above the SES-4 level. Given the frequent turnover of military personnel, the Committee believes more stability and continuity is needed among senior management levels of the Coast Guard. Continuity and ``corporate knowledge'' will become even more critical in the coming years, as the service's downsizing and restructuring accelerates. For this reason, the Committee recommendation includes $1,000,000 above the budget request for the Coast Guard to hire ten additional SES civilian positions. Student intern programs.--The recommendation reduces staffing for the ``student temporary employment program'' and the ``student career experience program'' by one half due to budget constraints. The recommendation provides 56 staff years and $820,700 for these programs. Permanent change of station.--The bill provides $60,233,000 for permanent change of station moves. This compares to $59,644,000 provided for fiscal year 1995. Medical care costs.--For the past two years, the Coast Guard has testified that cost containment initiatives are underway to address the high rates of medical cost inflation. The Committee is disappointed, therefore, to note that these costs continue to rise, from $119,600,000 in fiscal year 1994 to $127,800,000 in fiscal year 1995 and an estimated $134,100,000 in fiscal year 1996. This is especially startling considering the workforce has been reduced significantly over that time period. Other agencies have been experiencing greatly reduced inflation rates. The Committee recommends a hard freeze on medical care costs, providing funds at the same level as in fiscal year 1995, and encourages the Coast Guard to realize such savings through more effective cost containment measures. Accelerate existing streamlining.--The Committee recommendation assumes a three month staff year rate for fiscal year 1996 position reductions, compared to a six month rate assumed in the President's budget request. This results in a reduction of $4,850,000 from the budget estimate. Accelerate restructuring plan.--After eighteen months, the Coast Guard has nearly completed two major analyses of its field organization, headquarters, and training facilities. While not yet formally released by the Department of Transportation, those studies are expected to propose significant budgetary savings through closure of unneeded facilities, consolidation of similar activities, and a restructure of training facilities. The Committee applauds the Coast Guard for taking this important initiative, and for working to ensure that downsizing is accomplished with the least impact on the delivery of essential services to the public. Because of the Coast Guard's extensive field structure and large headquarters presence, the Committee believes that significant efficiencies can be achieved. The Committee's recommendation assumes a portion of those savings (approximately fifteen percent) can be achieved during fiscal year 1996 through more aggressive implementation, resulting in a reduction of $5,000,000 from the budget request. Depot Level Maintenance The bill includes $365,316,000 for depot level maintenance, which is $3,112,000 more than the level provided for fiscal year 1995 and the same as the budget estimate. The Committee believes that maintenance and spare parts for Coast Guard assets should receive a high priority for funding. Operations And Support The bill includes $393,896,000 for operations and support, which is $813,000 more than the level provided for fiscal year 1995. This budget activity funds operations of medium- and high-endurance cutters, area offices, district offices, air stations, maintenance and logistics commands, and other operational units. Vessel traffic service (VTS) privatization.--The Committee received testimony this year indicating that after full implementation of the VTS 2000 program, the Coast Guard's annual costs to operate and maintain VTS systems would be approximately $65,000,000. Today (budgeted for fiscal year 1996), those costs are only $19,862,000. Given the significant reductions that will be needed over the next seven years to eliminate the federal deficit, and the predominantly local benefits which accrue from the VTS program, the Committee believes that VTS systems are a prime candidate for system-wide privatization. In fact, the privately-run VTS system in Long Beach, California appears to meet requirements without federal support, and conducts its operations more efficiently and at less cost than those systems run today by the Coast Guard. Consequently, the Committee encourages the Coast Guard to begin a long-term effort to privatize the existing VTS systems in fiscal year 1996, and reduces the 1996 budget request by $1,000,000 (five percent) assuming some initial savings from that effort. District offices.--The President's budget requests $56,641,000 to support 1,896 positions at the Coast Guard's ten district offices. The Coast Guard has the Department of Transportation's most extensive field organization, with districts, area commands, groups, bases, stations, and maintenance and logistics commands. While some of this is clearly required for the service to carry out its functions in the field, it would appear the Coast Guard could achieve budgetary savings and give more decisionmaking authority to those units actually performing the activity by reducing the number of oversight and planning layers in their field organization. At a minimum, two district headquarters could be consolidated with the area commands, and the Committee is convinced that other efficiencies are possible as well. The Committee recommendation provides $51,000,000 for district headquarters offices in fiscal year 1996. recruiting and training The bill includes $69,943,000 for recruiting and training support, a reduction of $1,921,000 from the fiscal year 1995 enacted level. This budget activity funds recruiting and training activities including support for the Coast Guard Academy and Coast Guard training centers in Yorktown, Virginia; Petaluma, California; and Cape May, New Jersey. Graduate school tuition.--The Coast Guard's budget request for fiscal year 1996 includes $2,300,000 to pay graduate school tuition for its employees. This is in addition to the estimated $19,800,000 in salaries and benefits paid to those employees while in school. Almost half of the tuition costs are provided to lieutenants. The Committee questions whether it is truly necessary for so many officers at this junior a rank to receive graduate training at that point in their careers, or whether the position descriptions for lieutenants require a graduate degree. While the Committee understands that some graduate training is necessary for effective management, given budget constraints, the Committee recommends $1,300,000 for tuition, a reduction of $1,000,000 from the budget request. coast guard-wide centralized services and support The bill includes $184,773,000 for Coast Guard-wide centralized services and support, a reduction of $12,630,000 from the fiscal year 1995 enacted level and a reduction of $4,953,000 from the budget request. Civilian personnel office consolidation.--The Committee does not agree with the Coast Guard's proposal to close four of its five civilian personnel offices around the country and consolidate into a single office. The Committee believes this proposal is too extreme, and will have a detrimental impact on service to the civilian workforce. Therefore, the recommendation restores these funds ($393,000). In order to partially offset this restoration, the Committee recommends a reduction of $150,000 for the Military Personnel Center, which is able to handle this modest reduction due to its larger funding base. FTS 2000.--The Committee recommends $10,626,000 for FTS 2000 telecommunications costs, an increase of 5.6 percent over the most recent estimate for fiscal year 1995. Headquarters administration.--The bill includes $170,862,000 for Coast Guard headquarters administrative costs, an increase of $2,842,000 (1.7 percent) over fiscal year 1995 and a 1.1 percent reduction from the budget request. Currently, there are 2,435 billets in headquarters. In allocating reductions to the Coast Guard, the Committee has tried to preserve funding for elements of the service which provide essential direct service to the public such as air and boat stations, large cutters and patrol boats, and spare parts. These mission-oriented activities have been preserved as a high priority to the maximum extent possible. To achieve this, however, some efficiencies in headquarters and other overhead units are required. While the Committee allows the Commandant the discretion to allocate this reduction, the Committee suggests that staffing in the following offices be reviewed: Office: No. of positions Commandant/Vice Commandant.......................... 26 Public affairs...................................... 37 International affairs............................... 26 Quality staff....................................... 7 Management effectiveness............................ 18 Legal/Administrative Law Judges..................... 116 Headquarters command center......................... 56 Marine safety information management................ 38 Auxiliary, boating, and consumer affairs............ 50 Diversity/total quality management.................. 12 Workers' compensation.--Despite departmental budget guidance to freeze each agency's requests for workers' compensation costs in fiscal year 1996, the Coast Guard budget includes an increase of $762,000. The Committee recommends deleting that increase. As the Committee has encouraged in past years, greater attempts should be made to find positions for those currently on workers' compensation but eligible to return to work. This would result in efficiencies allowing the reduction in workers' compensation without adverse effect. Studies and analyses.--The Committee recommendation includes $1,800,000 for studies and analyses, a reduction of $1,000,000 due to budget constraints. Account-Wide Adjustments Recreational equipment.--The President's request included $296,000 for balls, bats, golf clubs, fitness machines, camping equipment, outdoor grills, and related equipment for the Coast Guard's morale, welfare, and recreation program. Given the severe budget constraints facing the country, the Committee believes such items should be reduced to a lower level. The Committee recommends $150,000 for these items. Non-pay inflation.--OMB policy states that President's budget requests will not necessarily include an allowance for the full rate of anticipated inflation. In effect, agencies are expected to be able to absorb at least a portion of non-pay inflation (i.e., inflation for accounts other than pay) through increased efficiency and use of advanced office technologies. For fiscal year 1996, OMB allowed agencies a maximum of 2.0 percent non-pay inflation. In the department, this standard was applied inconsistently: some agencies included the full 2 percent, while others were provided smaller allowances. The Committee's recommendation allows a 1.5 percent increase for non-pay inflation for all modes of the department. Since the Coast Guard budgeted for a 2 percent increase, this results in a reduction of $5,842,000 from the budget estimate. Non-operational travel.--In the Coast Guard, non- operational travel (i.e., for training, conferences, and miscellaneous purposes) has increased 6.8 percent on a per capita basis between fiscal year 1994 and the fiscal year 1996 budget request. This year in hearings, the DOT Inspector General expressed concern over the high amount of administrative travel being taken throughout the department. The Committee agrees that such travel should be curtailed to the maximum extent possible. The Committee's recommendation allows a travel budget of $1,004 per staff year, a per capita increase of 2.5 percent over the fiscal year 1994-1996 time period. Operational travel, budgeted at $27,226,000, is not affected by this recommendation. Military pay and personnel center contracting out.--The Committee recommendation assumes savings of $500,000 from contracting out operations of the Military Pay and Personnel Center in Topeka, Kansas, as suggested this year by the Inspector General. This center is responsible for the processing of pay checks, travel reimbursement checks, and other aspects of personnel finance administration within the Coast Guard. The Committee believes this is a prime candidate for contracting out. Restructuring implementation costs.--The Committee has provided $3,000,000 for operating expenses related to the impending release of Coast Guard restructuring studies. The Committee believes much restructuring is needed, and applauds the Commandant for undertaking a wide-ranging review. While approved by the Coast Guard, these studies have still not been approved by the Secretary of Transportation or the Office of Management and Budget. Once the administration's proposal is clear, the Committee will also consider reprogramming proposals. The Committee does wish to provide the Coast Guard flexibility to obtain additional funding for this initiative should it receive administration and Congressional approval during the fiscal year. In order to facilitate rapid implementation and provide flexible funding, the Committee bill includes language under ``Acquisition, construction, and improvements'' allowing the Coast Guard to transfer up to $50,000,000 in available funding during fiscal year 1996 from lower priority acquisition projects to finance restructuring activities. Undistributed.--The recommendation includes an undistributed reduction of $10,243,000 due to budget constraints. The department is accorded the flexibility to allocate the reduction. bill language Motor vehicle purchase.--The bill includes a limitation on the purchase of motor vehicles to five. This year, the Coast Guard testified they had no plans to purchase any motor vehicles during fiscal year 1996. While the Committee considered a zero limitation, the proposed limitation of five provides them some flexibility, should current plans change. Drug enforcement expenses.--The bill specifies that no less than $314,200,000 may be obligated or expended on drug enforcement programs during fiscal year 1996. This is the same amount as the budget estimate, and a 7 percent increase over the $293,600,000 provided for fiscal year 1995. This resumes a practice, begun several years ago, of including minimum amounts in the bill for this important mission. The Committee recommends no specific reductions in anti-drug activities, and does not wish to see the Coast Guard reprogram funds away from the budgeted level for those activities. general provision The bill continues as a general provision (Sec. 316) language that would prohibit funds to plan, finalize, or implement regulations that would establish a vessel traffic safety fairway less than five miles wide between the Santa Barbara traffic separation scheme and the San Francisco traffic separation scheme. On April 27, 1989, the Department published a notice of proposed rulemaking that would narrow the originally proposed five-mile-wide fairway to two one-mile-wide fairways separated by a two-mile-wide area where offshore oil rigs could be built if Lease Sale 119 goes forward. Under this revised proposal, vessels would be routed in close proximity to oil rigs because the two-mile-wide non-fairway corridor could contain drilling rigs at the edge of the fairways. The Committee is concerned that this rule, if implemented, could increase the threat of offshore oil accidents off the California coast. Accordingly, the bill continues the language prohibiting the implementation of this regulation. Acquisition, Construction, and Improvements Appropriation, fiscal year 1995.........................\1\ $362,950,000 Budget estimate, fiscal year 1996....................... 428,200,000 Recommended in the bill................................. 375,175,000 Bill compared with: Appropriation, fiscal year 1995..................... +12,225,000 Budget estimate, fiscal year 1996................... -53,025,000 \1\ Reductions of $12,600 to comply with working capital fund, awards and procurement reform provisions not reflected. The bill includes $375,175,000 for the capital acquisition, construction, and improvement programs of the Coast Guard for vessels, aircraft, other equipment, shore facilities, and related administrative expenses, of which $32,500,000 is to be derived from the oil spill liability trust fund. Consistent with past practice, the bill also includes language distributing the total appropriation by budget activity and providing separate obligation availabilities appropriate for the type of activity being performed. The Committee continues to believe that these obligation availabilities provide fiscal discipline and reduces long-term unobligated balances. However, the bill does include authority to transfer funds for possible restructuring activities, as previously described under ``Operating expenses''. Committee Recommendation The following table compares the fiscal year 1995 enacted level, the fiscal year 1996 estimate, and the recommended level by program, project and activity: ------------------------------------------------------------------------ Fiscal year-- ----------------------------------------------- Program name 1996 1995 enacted 1996 estimate recommended ------------------------------------------------------------------------ Vessels: Survey and design-- cutters and boats.. $750,000 $500,000 $500,000 Seagoing buoy tender (WLB) replacement.. 36,000,000 65,000,000 65,000,000 Coastal buoy tender (WLM) replacement.. 56,000,000 93,000,000 93,000,000 47-foot motor lifeboat (MLB) replacement project 31,000,000 500,000 500,000 Buoy boat replacement project (BUSL)............. 10,000,000 8,500,000 .............. Polar icebreaker replacement follow- on................. 7,900,000 4,300,000 4,300,000 82-foot WPB capability replacement........ 10,000,000 4,000,000 .............. Norwegian crewing concept development (NORCREW).......... .............. 2,000,000 2,000,000 Self propelled barge replacement........ 2,500,000 900,000 900,000 Surface search radar replacement project .............. 3,500,000 3,500,000 210-foot medium endurance cutter MMA................ 25,000,000 14,500,000 14,500,000 378-foot shipboard command & control.. 5,000,000 1,300,000 1,300,000 Configuration management......... .............. 5,700,000 5,700,000 Stalwart class conversion......... 3,750,000 .............. .............. Cutter Yocona re- engining project (reprogramming).... 4,400,000 .............. .............. Aircraft: Traffic alert & collision avoidance system (TCAS) phase IV................. 3,900,000 13,000,000 10,000,000 Global positioning system installation phase VI........... 2,300,000 1,900,000 1,900,000 HH-65 Helicopter main transmission gearbox upgrade phase II........... 2,000,000 2,500,000 2,500,000 HC-130 side looking airborne radar (SLAR) upgrade..... .............. 2,100,000 2,100,000 HU-25B aireye system replacement........ 1,600,000 .............. .............. HU-25C falcon jet modification....... 2,000,000 .............. .............. TALON helicopter tie- down project (reprogramming).... 2,509,000 .............. .............. Air interdiction/AEW project (reprogramming).... 605,000 .............. .............. Other Equipment: Supply center computer replacement........ 6,000,000 1,000,000 1,000,000 Fleet logistics system............. .............. 3,000,000 3,000,000 Vessel traffic service (VTS) system 2000........ 2,000,000 5,000,000 5,000,000 VTS equipment replacement........ 3,000,000 3,000,000 3,000,000 Marine information for safety and law enforcement (MISLE) .............. 11,000,000 11,000,000 Conversion of software applications....... 2,750,000 11,100,000 6,100,000 Finance center information system replacement........ 1,000,000 2,600,000 2,600,000 Differential GPS transmitter replacement........ .............. 1,700,000 .............. Differential GPS implementation--sec ond district....... .............. 2,400,000 .............. Search and rescue simulation model (SARSIM)........... .............. 500,000 500,000 Communication systems 2000....... .............. 11,000,000 6,000,000 WLB/WLM support facility........... .............. 1,500,000 1,500,000 Vessel navigation training simulator. .............. 1,500,000 1,500,000 Local notice to mariners automation .............. 500,000 500,000 Global maritime distress and safety system............. 1,800,000 500,000 500,000 Resource information system for health services........... 3,000,000 .............. .............. Oil spill response equipment.......... 2,500,000 .............. .............. Search and rescue management information system. 900,000 .............. .............. Communication station Honolulu transmitters....... 1,900,000 .............. .............. Replace AR&SC computer (phase IV) 2,000,000 .............. .............. VTS upgrade and expansion projects. 1,600,000 .............. .............. Oil spill training simulator.......... 1,250,000 .............. .............. Shore Facilities and Aids to Navigation: Survey and design-- shore projects..... 10.000,000 8,000,000 8,000,000 Minor AC&I shore construction projects........... 6,000,000 5,000,000 5,000,000 Streamlining initiatives........ .............. 5,000,000 5,000,000 Air station consolidation...... .............. 11,000,000 11,000,000 Coast Guard Yard ship handling facility (phase II) .............. 15,100,000 .............. Public family quarters........... 12,000,000 22,700,000 20,275,000 Station Boothbay Harbor, ME-- renovate/expand.... .............. 2,800,000 2,800,000 Base South Portland, ME--construct station operations bldg............... .............. 2,600,000 2,600,000 Base San Juan, PR-- reconstruction (phase II)......... .............. 3,150,000 3,150,000 Station Port Isabel, TX--reconstruct/ expand waterfront facilities......... .............. 2,650,000 2,650,000 Station Portage, MI-- relocate/replace station facilities. .............. 4,200,000 4,200,000 Station Chetco River, OR-- construct mooring/ waterfront......... .............. 2,000,000 2,000,000 Station Honolulu, HI--replacement.... .............. 5,000,000 5,000,000 Coast Guard Academy-- Roland Hall renovation......... .............. 5,100,000 5,100,000 Waterways ATON projects........... .............. 5,500,000 5,500,000 Air Station Miami, FL--upgrade (phase II)................ 8,400,000 .............. .............. Support Center New York--construct ANT/ ET shops........... 3,250,000 .............. .............. Support Center Seattle, WA-- reconstruct pier 37 10,300,000 .............. .............. Station Provincetown, MA-- replace wave barrier............ 1,300,000 .............. .............. Base San Juan-- reconstruction (phase I).......... 10,750,000 .............. .............. Base Honolulu-- electrical system.. 1,950,000 .............. .............. Atlantic Strike Team--construct maint/equip storage facility........... 5,000,000 .............. .............. Waterways short range aids projects 6,500,000 .............. .............. Overseas LORAN closure............ 13,900,000 .............. .............. Personnel and Related Support: Personnel and related support.... 44,200,000 .............. .............. Direct personnel costs.............. .............. 48,200,000 42,500,000 Core acquisition costs.............. .............. 700,000 500,000 ----------------------------------------------- Total appropriation.... 362,950,000 428,200,000 370,175,000 ------------------------------------------------------------------------ Vessels The Committee recommends $191,200,000 for vessels, an increase of $3,300,000 above the amount provided for fiscal year 1995. Approximately 80 percent of this amount ($158,000,000) is to continue production of the Coast Guard's new seagoing and coastal buoy tenders, which the Committee considers a high priority due to the age of the current buoy tender fleet. Stern loading buoy boat replacement project.--The Committee recommends no funds for this project in fiscal year 1996, a reduction of $8,500,000 from the budget request. Funds were provided in fiscal year 1995 to begin production. However, the program has experienced significant delays because of the Coast Guard's decision to award the contract as a small business set- aside to a boatyard with no previous production experience. According to the service, the acquisition strategy and program costs are uncertain at this time, and an unobligated balance of $9,200,000 is expected to exist at the end of fiscal year 1995. For these reasons, it appears clear that additional funding is not needed at this time. Before changing the production location for this program, the Coast Guard shall notify the House and Senate Committees on Appropriations and provide a full explanation and analysis for that decision. 82-foot coastal patrol boat replacement.--The Committee recommends no funds for this project in fiscal year 1996. Like the stern loading buoy boat, this project has also experienced significant delays, in this case because the Coast Guard specified requirements that no vendor was able to meet. Having revised their requirements, the Coast Guard now expects to award a contract during the fourth quarter of fiscal year 1995. However, since the majority of work using fiscal year 1995 funds will now be carried on throughout fiscal year 1996, additional funding may be deferred without effect. Aircraft The Committee recommends $16,500,000 for aircraft, an increase of $4,700,000 above the fiscal year 1995 enacted level. Traffic collision and avoidance system (TCAS).--The Committee recommends $10,000,000 for this project, a reduction of $3,000,000 from the budget request but an increase of $6,100,000 above the level provided for fiscal year 1995. The Committee believes the budget request for this project assumed an overly ambitious schedule, and underestimated the technical risk, of integrating TCAS electronics into the Coast Guard helicopter fleet. Even though most of the 1996 funding is for installation into helicopters, Coast Guard documents indicate this has never been accomplished before, and presents engineering risks. The first helicopter prototype is just now being installed. Given the technical risk and the fact that $4,400,000 in unobligated balances is expected to be carried over into fiscal year 1996 from prior year funds, the Committee believes some reduction is possible without effect on the overall schedule. Other Equipment The Committee recommends $42,200,000 for other equipment, an increase of $12,500,000 above the level provided for fiscal year 1995. Conversion of software applications.--The recommendation allows $6,100,000 for this program, an increase of 122 percent above the $2,750,000 provided for fiscal year 1995 but a reduction of $5,000,000 from the budget estimate. The Committee believes this work can be phased in over a longer time period without significant impact on operational missions. Differential global positioning system.--The Committee recommends no funding for two new projects, ``differential GPS transmitter replacement'' and ``differential GPS implementation in the second district''. These items were not on the Coast Guard's long-range AC&I plan last year, and do not appear to address any emergency requirement justifying their sudden placement in the budget. Given budget constraints and the weak justification, the Committee believes these projects should be deferred in lieu of full funding for other activities. Communication system 2000.--The Committee recommends $6,000,000 for this new project, a reduction of $5,000,000 from the budget estimate. The long-range AC&I plan indicates average annual funding of $2,250,000 between fiscal years 1997 and 2000. The fiscal year 1996 request therefore represents a funding ``spike'' which drops significantly after fiscal year 1997. The Committee recommendation provides the same level of funding as is shown in the Coast Guard's plan for fiscal year 1997. Shore Facilities The Committee recommends $82,275,000 for shore facilities, a reduction of $7,075,000 from the fiscal year 1995 enacted level. The Committee notes that, as of February 28, 1995, the Coast Guard had an unobligated balance in shore facilities of $142,864,540. Because of the backlog of projects in the pipeline, and because of the weakness in individual projects discussed below, the Committee believes a lower level is justified. Streamlining implementation costs.--The Committee has provided $5,000,000 in specific funding for AC&I costs related to the impending release of Coast Guard streamlining studies. The Committee believes much streamlining is needed, and applauds the Commandant for undertaking a wide-ranging review. Once the administration's proposal is clear, the Committee will also consider reprogramming proposals. Language is included in the bill allowing up to $50,000,000 in transfer authority for this purpose. Coast Guard Yard, ship handling facility.--The Committee recommends no funding for the planned construction of a new $40,800,000 ship handling facility at the Coast Guard Yard in Maryland, a reduction of $15,100,000 from the budget request. According to the Coast Guard, this new facility is needed to overhaul the 378-foot and 270-foot cutter classes. However, the 378-foot cutters completed a major overhaul just a few years ago, and the Committee is unaware of other major overhauls planned. The 270-foot cutter overhaul is not scheduled to begin until at least the year 2003, and budget reductions may slip that schedule. Since the majority of the Yard's current work (the 210-foot cutter overhaul) completes in fiscal year 1997, it is not clear what work will sustain the Yard during the 1997-2003 time frame. It is also not clear whether the Yard should be acquiring the industrial capacity to compete against private shipyards for overhauls of major vessel classes. While the Committee considered the DOT Inspector General's suggestion this year to close the Yard entirely, the Committee believes such action is not yet required. However, it should be noted the IG's analysis does raise significant questions about the Yard's future, including the need for this project. Public family quarters.--The recommendation of $20,275,000 provides the same level of funding the Coast Guard is planning to allocate to this program in the outyears and a 70 percent increase over the $12,000,000 provided for fiscal year 1995. Personnel and Related Support The bill includes $43,000,000 for AC&I personnel and related support, a decrease of $1,200,000 (2.7 percent) from the fiscal year 1995 enacted level. Since the Coast Guard is under an agency-wide target for staffing reductions, the more acquisition staffing is increased, the less staffing is available for operational missions. Given the proposed reduction in the AC&I appropriation and overall downsizing, the Committee believes this level will be sufficient to effectively manage the AC&I program during fiscal year 1996. The recommendation includes $42,500,000 in direct personnel costs and $500,000 in core acquisition costs. The Coast Guard is directed to cap AC&I-funded full-time positions at 717, which is the same level as provided for fiscal year 1995. Quarterly acquisition reports.--The Coast Guard is directed to continue submission of the quarterly acquisition reports to the House and Senate Committees on Appropriations. However, beginning in fiscal year 1996, the Coast Guard is to include with each such report an up-to-date listing of unobligated balances by acquisition project and by fiscal year. Environmental Compliance and Restoration Appropriation, fiscal year 1995......................... \1\ $23,500,000 Budget estimate, fiscal year 1996....................... 25,000,000 Recommended in the bill................................. 21,000,000 Bill compared with: Appropriation, fiscal year 1995..................... -2,500,000 Budget estimate, fiscal year 1996................... -4,000,000 \1\ Reductions of $2,700 to comply with working capital fund, awards and procurement reform provisions not reflected. The Committee recommends $21,000,000 to bring Coast Guard facilities into compliance with applicable federal, state and environmental regulations. These funds will permit the continuation of a service-wide program to correct environmental problems, such as major improvements of storage tanks containing petroleum and regulated substances. The program focuses mainly on Coast Guard facilities, but also includes third party sites where Coast Guard activities have contributed to environmental problems. The recommended funding level is $2,500,000 (10.6 percent) below the fiscal year 1995 enacted level. This level is sufficient to fully fund the requested levels for site-specific cleanup and restoration projects ($14,260,000). The bill does not include language requested in the President's budget dealing with the use of funds for parts and equipment associated with operations and maintenance. This is related to proposed language under ``Operating expenses'' which is a legislative matter under consideration by the appropriate authorization committee. Sites to be addressed.--The funds in this bill are sufficient to finance the budgeted amount of $13,540,000 for cleanup and restoration projects at specific sites. The sites for which funds are included are as follows: Project site Amount Support Center Kodiak, AK: RCRA Consent Order........... $5,695,000 Aids to Navigation Battery Cleanup, Agency-Wide......... 5,025,000 Support Center Elizabeth City, NC: Solid Waste Management Units.................................... 600,000 Support Center Elizabeth City, NC: Electroplating Shop.. 650,000 Support Center Elizabeth City, NC: Tricloroethylene remediation......................................... 850,000 Air Station Traverse City, MI........................... 350,000 Air Station Cape Cod, MA................................ 350,000 Station Marquette, MI................................... 20,000 -------------------------------------------------------- ____________________________________________________ Total............................................... 13,540,000 Alteration of Bridges Appropriation, fiscal year 1995......................................... Budget estimate, fiscal year 1996....................... $2,000,000 Recommended in the bill................................. 16,000,000 Bill compared with:..................................... Appropriation, fiscal year 1995..................... +16,000,000 Budget estimate, fiscal year 1996................... +14,000,000 The bill includes $16,000,000 for alteration of bridges deemed a hazard to marine navigation pursuant to the Truman- Hobbs Act. The Committee does not agree with the approach taken by the 103rd Congress, and supported by the administration, that highway bridges and combination rail/highway bridges should be funded out of the Federal Highway Administration's discretionary bridge account. This approach is unfair to some states which, under existing highway formulas, pay a higher price for discretionary bridge grants and are therefore less likely to apply. In addition, the purpose of altering these bridges is to improve the safety of marine navigation under the bridge, not to improve surface transportation on the bridge itself. Since in some cases, there are unsafe conditions on the waterway beneath a bridge which has an adequate surface or structural condition, Federal-aid highways funding is not appropriate to address the purpose of the Truman-Hobbs program. The Committee recommends $16,000,000 for five bridges. This funding level is higher than in the recent past because of the need to move projects forward after delays caused by underfunding over the past two years, and because of the Committee's strong commitment to safety on our nation's waterways. Each of the bridges for which funds are recommended is authorized and has been issued an order to alter by the Commandant of the Coast Guard. The Committee's specific recommendation is as follows: ------------------------------------------------------------------------ Fiscal year 1996 Committee Bridge and location estimate recommended ------------------------------------------------------------------------ Burlington, IA, Burlington Northern RR Bridge............... $2,000,000 $2,000,000 New Orleans, LA, Florida Avenue RR/ HW Bridge........................ -- 2,000,000 Brunswick, GA, Sidney Lanier HW Bridge........................... -- 8,000,000 Boston, MA, Chelsea St. Bridge.... -- 2,000,000 St. John's Island, SC, Limehouse HW Bridge........................ ................. 2,000,000 ------------------------------------- Total....................... 2,000,000 16,000,000 ------------------------------------------------------------------------ Retired Pay Appropriation, fiscal year 1995......................... $562,585,000 Budget estimate, fiscal year 1996....................... 582,022,000 Recommended in the bill................................. 582,022,000 Bill compared with: Appropriation, fiscal year 1995..................... +19,437,000 Budget estimate, fiscal year 1996................................... The Committee has approved the budget estimate of $582,022,000 for retired pay of military personnel of the Coast Guard and the Coast Guard Reserve. Also included are payments to members of the former Lighthouse Service and beneficiaries pursuant to the retired serviceman's family protection plan and survivor benefit plan, as well as payments for medical care of retired personnel and their dependents under the Dependents Medical Care Act. This compares to an appropriation of $562,585,000 for fiscal year 1995. The Committee notes that, as part of the reinventing government initiative, the administration is considering the conversion of Coast Guard retired pay from a mandatory appropriation to discretionary, and requiring that funds be increased to fully fund the program on an actuarily sound basis. The Department of Defense has established a trust fund to finance military retirement, and spending from this fund is scored as discretionary in the budget process. However, the Coast Guard does not participate in the trust fund. Instead, they request and receive annual appropriations which are scored as mandatory. The Committee is concerned that changing the current system could cause enormous additional reductions in transportation discretionary programs, in order to finance what is currently mandatory as well as meet deficit reduction targets. The Committee urges the administration to consider this issue carefully as the reinventing government proposals are more fully developed. Reserve Training Appropriation, fiscal year 1995......................... \1\ $64,981,000 Budget estimate, fiscal year 1996....................... 64,859,000 Recommended in the bill................................. 61,859,000 Bill compared with: Appropriation, fiscal year 1995..................... -3,122,000 Budget estimate, fiscal year 1996................... -3,000,000 \1\ Reductions of $4,275 to comply with working capital fund, awards and procurement reform provisions not reflected. This appropriation provides for the training of qualified individuals who are available for active duty in time of war or national emergency or to augment regular Coast Guard forces in the performance of peacetime missions. The program activities fall into the following categories: Initial training.--The direct costs of initial training for three categories of non-prior service trainees. Continued training.--The training of officer and enlisted personnel. Operation and maintenance of training facilities.--The day- to-day operation and maintenance of reserve training facilities. Administration.--All administrative costs of the reserve forces program. The bill includes $61,859,000 for reserve training. The amount recommended represents a decrease of $3,122,000 (4.8 percent) below the fiscal year 1995 level and will support a selected reserve of approximately 7,630. The budget proposed funds to support a selected reserve of 8,000, which is the same level as estimated for fiscal year 1995. The reduction is due to budget constraints, and does not reflect a diminution of the Committee's support for the Coast Guard Reserves. Research, Development, Test, and Evaluation Appropriation, fiscal year 1995......................... \1\ $20,310,000 Budget estimate, fiscal year 1996....................... 22,500,000 Recommended in the bill................................. 18,500,000 Bill compared with: Appropriation, fiscal year 1995..................... -1,810,000 Budget estimate, fiscal year 1996................... -4,000,000 \1\ Reductions of $3,600 to comply with working capital fund, awards and procurement reform provisions not reflected. The bill includes $18,500,000 for applied scientific research and development, test and evaluation projects necessary to maintain and expand the technology required for the Coast Guard's operational and regulatory missions. Of this amount, $3,150,000 is to be derived from the oil spill liability trust fund. The following table summarizes the fiscal year 1995 budget estimate and the Committee recommendation for the various research areas: ------------------------------------------------------------------------ Fiscal year Fiscal year Program area 1995enacted 1996estimate Committeerecommended ------------------------------------------------------------------------ Improve Search and Rescue Capability: Search planning..... $710,000 $100,000 $100,000 Search process, platforms and sensors...... 150,000 400,000 400,000 Personnel..... 425,000 432,000 432,000 ===================================================== Waterways Safety & Management: Waterways management... 500,000 500,000 500,000 Advanced vessel traffic systems/ services..... 300,000 600,000 100,000 Integrated navigation systems...... 325,000 450,000 450,000 Short range aids to navigation... 200,000 400,000 200,000 Personnel..... 850,000 864,000 864,000 ===================================================== Marine Safety: Marine safety research..... 75,000 530,000 200,000 Human factors analysis..... 650,000 1,685,000 700,000 Fire safety for commercial vessels...... 440,000 960,000 750,000 Personnel..... 957,000 972,000 700,000 ===================================================== Ship Structure Committee: Support for Committee.... 250,000 250,000 .................... Personnel..... 35,000 36,000 .................... ===================================================== Marine Environmental Protection: Planning, management and training. 300,000 150,000 150,000 Oil pollution response..... 250,000 850,000 500,000 Personnel health and safety....... .............. 75,000 75,000 Port demonstration project...... 250,000 .............. .................... OPA-90 regional grant program 500,000 .............. .................... Personnel..... 496,000 504,000 504,000 ===================================================== Maritime Law Enforcement: Surveillance.. 400,000 725,000 725,000 Vessel search. 200,000 .............. .................... Personnel..... 496,000 504,000 504,000 ===================================================== Safety and Environmental Compliance: Cutter fire safety technology... 350,000 600,000 586,000 Pollution prevention... 550,000 500,000 500,000 Aviation engineering support...... 110,000 75,000 .................... Vessel loss exposure and risk analysis method....... 410,000 620,000 620,000 Personnel..... 602,000 612,000 612,000 ===================================================== Human Resource Management Effectiveness: Training techniques and technologies. 300,000 300,000 .................... Staffing standards development.. 75,000 .............. .................... Personnel..... 142,000 144,000 .................... ===================================================== Command, Control, Computers & Intelligence: Information systems...... 2,000,000 280,000 1,780,000 Advanced communication s systems.... 300,000 .............. .................... Personnel..... 638,000 648,000 648,000 ===================================================== Technology Base: Future technology assessment... .............. 300,000 .................... Modeling...... 600,000 150,000 .................... Select projects..... 250,000 450,000 300,000 Personnel..... 673,000 684,000 200,000 ===================================================== R&D Personnel, Program Support, & Operations: Admin/support personnel and related costs 3,047,000 3,100,000 2,600,000 Support and operations... 1,500,000 1,700,000 1,500,000 R&D management info system development.. .............. 500,000 450,000 Modernization of F&STD test facilities... .............. 850,000 850,000 ===================================================== Other Projects: South Florida oil spill research center....... 1,000,000 .............. .................... Maritime Fire and Research Association.. 250,000 .............. .................... ----------------------------------------------------- Total appropriati on......... 20,310,000 22,500,000 18,500,000 ------------------------------------------------------------------------ Waterways safety and management.--The recommended level holds funding for this activity to the fiscal year 1995 level, instead of a 29.3 percent increase as proposed in the budget estimate. The Committee believes that some of this work is of lower overall priority, and some could be conducted with operating funds. Marine safety.--Due to budget constraints and the need to fund higher priority activities, the recommendation allows funding equivalent to average funding over the fiscal year 1993-1995 time period. The President's budget proposed $4,147,000, which is almost double the fiscal year 1995 level of $2,122,000. The recommendation provides an increase of 10.8 percent over fiscal year 1995. Ship structure committee.--The Committee recommends termination of this activity due to budget constraints. This is essentially a research project in consultation with the shipbuilding and boat-building industry, designed to improve the materials, design, and construction of vessels. Some of the anticipated products include a design guide for marine application of composite materials, a fracture symposium and workshop, and study of compensation for openings in primary structural members of ships. While the Committee has no evidence that this is an unworthy program per se, it is probably a ``nice to have'' which is unaffordable in the current budget climate. Marine environmental protection.--The recommendation allows a 100 percent increase under ``oil pollution response'' research over the funding provided for fiscal year 1995 instead of the 240 percent increase proposed. Safety and environmental compliance.--The bill deletes funding for aviation engineering support, a savings of $75,000 from the budget request. From the justifications provided, it appears this work would be appropriate for financing under operating expenses. In addition, a minor reduction is recommended in cutter fire safety, allowing a 67 percent increase instead of the 71 percent increase proposed. Human resource management effectiveness.--The Committee recommends no specific funding for this research activity due to budget constraints and the need to preserve funds for higher priority work. This activity includes such elements as development of staffing standards, evaluation of training methods, and prototyping of training systems and techniques. This type of research can be conducted using operating expense funds if it is of high enough priority, as is done in many other agencies. Command, control, communications, computers and intelligence.--The Committee cannot concur with the drastic reduction proposed for the operational information system (OIS) or the unacceptably long implementation schedule which would result from the request. This project will apply pen-based technology to the Coast Guard's operational missions, reducing paperwork dramatically and increasing efficiency. Development of OIS began a few years ago, after a Coast Guard study of small boat station workload revealed that over half of the time was being spent on paperwork, resulting in less boardings, less inspections, and less enforcement actions. The President's budget proposed deep cuts in this project in order to finance increases in marine safety research. The Committee has long supported implementation of pen-based technologies and other labor-saving devices in the field. This will become even more important in future years, as Coast Guard downsizing plans and budget constraints require greater efficiencies and less time completing paperwork. The Committee recommendation includes $1,780,000 for OIS development, and directs the Coast Guard to use these funds to accelerate fielding of OIS systems and broaden their application to the vessel boarding program. This action will improve law enforcement effectiveness and allow more vessel boardings per manhour expended. Technology base.--Due to budget constraints and the Committee's priority on development of near-term technologies of value to field units, the Committee recommends a significant reduction in funding for long-term technology base research. The bill includes $500,000, a reduction of $1,023,000 from the fiscal year 1995 enacted level. Research and development personnel, program support and operations.--The recommendation allows an increase of 18.8 percent instead of the 35.3 percent increase requested. Within the overall total, the modernization of test facilities at the Coast Guard Fire and Safety Test Detachment is fully funded at the requested level of $850,000. Boat Safety (Aquatic Resources Trust Fund) Appropriation, fiscal year 1995......................... $25,000,000 Budget estimate, fiscal year 1996....................... (\1\) Recommended in the bill................................. 20,000,000 Bill compared with: Appropriation, fiscal year 1995..................... -5,000,000 Budget estimate, fiscal year 1996................... +20,000,000 \1\ The President's budget proposes funding as a permanent appropriation beginning in fiscal year 1996. The Internal Revenue Code of 1954, as amended, and the Federal Boat Safety Act of 1971, as amended, provide for the transfer of highway trust fund revenue derived from the motor boat fuel tax, excise taxes on sport fishing equipment, and import duties on fishing tackle and yachts to the aquatic resources trust fund. The Secretary of the Treasury estimates the amounts to be so transferred and appropriations are authorized from the fund for recreational boating safety assistance and other programs as authorized by the Federal Boat Safety Act of 1971, as amended, and Public Law 98-369 (the Deficit Reduction Act of 1984). These funds are used primarily to provide grants to states to help enforce boating safety laws and to expand boating education programs. The bill includes an appropriation of $20,000,000 for the boat safety program. When combined with an additional $10,000,000 in permanent indefinite appropriations from the Clean Vessel Act of 1992 (Public Law 102-587), total program funding of $30,000,000 is provided for fiscal year 1996. The Committee cannot support the Coast Guard's proposal to convert this program to mandatory spending. According to an April 1993 study by the National Transportation Safety Board, recreational boating accidents result in the highest number of transportation fatalities annually after highway accidents. Over 900 people are killed each year in boating accidents, and over 350,000 are injured--more than 40 percent of which require treatment beyond first aid. The number of boats, especially high speed boats, is increasing each year. The Safety Board made a number of recommendations to the Coast Guard and to the individual states aimed at improving boating safety across this country. Federal support and direction will be needed to ensure implementation of initiatives raised in the Safety Board's study as well as to continue other boating safety activities. In fiscal year 1994, boating safety grant funds were distributed in the amounts shown in the table below. It is anticipated that a similar distribution would be in effect for the $30,000,000 program funding in fiscal year 1996. RECREATIONAL BOATING SAFETY PROGRAM [Fiscal Year 1994 Federal allocations and Federal/State share of expenditures] ---------------------------------------------------------------------------------------------------------------- RBS program expenditures Total fiscal Federal ---------------------------------------------- year 1994 State allocation Federal RBS share Percent State share Percent expenditures ---------------------------------------------------------------------------------------------------------------- Alabama............................... 765,297 765,297 23.2 2,531,071 76.8 3,296,368 Arizona............................... 590,693 500,172 20.0 2,004,658 80.0 2,504,830 Arkansas.............................. 450,422 306,222 49.8 308,468 50.2 614,690 California............................ 2,392,650 976,680 6.8 13,356,422 93.2 14,333,102 Colorado*............................. 376,567 102,543 18.5 452,388 81.5 554,931 Connecticut........................... 494,007 494,007 19.2 2,079,105 80.8 2,573,112 Delaware.............................. 340,363 340,363 41.2 484,827 58.8 825,190 Dist. of Col.......................... 348,304 194,254 12.8 1,318,724 87.2 1,512,978 Florida............................... 3,245,521 3,245,521 10.2 28,601,258 89.8 31,846,779 Georgia............................... 850,473 850,473 22.9 2,866,323 77.1 3,716,796 Hawaii**.............................. 526,883 533,227 12.6 3,692,329 87.4 4,225,556 Idaho................................. 405,503 405,503 21.7 1,467,364 78.3 1,872,867 Illinois.............................. 712,288 712,288 47.7 782,431 52.3 1,494,719 Indiana............................... 560,365 560,365 36.6 969,369 63.4 1,529,734 Iowa.................................. 508,758 402,340 50.0 402,340 50.0 804,680 Kansas................................ 370,191 326,628 50.0 326,634 50.0 653,262 Kentucky.............................. 582,251 582,251 22.3 2,032,618 77.7 2,614,869 Louisiana............................. 710,529 710,529 32.4 1,480,802 67.6 2,191,331 Maine................................. 392,860 27,252 2.9 925,412 97.1 952,664 Maryland.............................. 1,486,002 1,486,002 13.5 9,532,738 86.5 11,018,740 Massachusetts......................... 612,343 612,343 25.8 1,763,352 74.2 2,375,695 Michigan**............................ 1,626,365 1,664,140 26.1 4,723,891 73.9 6,388,031 Minnesota............................. 1,194,482 1,115,104 26.1 3,157,412 73.9 4,272,516 Mississippi........................... 525,147 525,147 23.1 1,749,360 76.9 2,274,507 Missouri.............................. 838,087 646,305 16.0 3,402,518 84.0 4,048,823 Montana............................... 304,205 206,145 48.2 221,242 51.8 427,387 Nebraska.............................. 316,300 167,607 50.0 167,607 50.0 335,214 Nevada................................ 403,900 403,900 24.5 1,247,478 75.5 1,651,378 New Hampshire**....................... 396,608 512,815 37.8 842,761 62.2 1,355,576 New Jersey**.......................... 1,065,146 1,358,400 9.7 12,590,860 90.3 13,949,260 New Mexico............................ 356,897 356,897 32.1 756,168 67.9 1,113,065 New York**............................ 1,289,114 1,536,836 36.8 2,636,490 63.2 4,173,326 North Carolina........................ 784,545 784,545 23.3 2,575,596 76.7 3,360,141 North Dakota.......................... 303,962 237,500 48.7 250,076 51.3 487,576 Ohio.................................. 1,463,535 1,463,535 20.0 5,864,087 80.0 7,327,622 Oklahoma.............................. 612,252 565,548 26.3 1,582,784 73.7 2,148,332 Oregon................................ 847,755 847,755 20.3 3,329,355 79.7 4,177,110 Pennsylvania.......................... 937,279 937,279 18.3 4,178,836 81.7 5,116,115 Rhode Island.......................... 347,048 322,053 32.7 662,768 67.3 984,821 South Carolina**...................... 849,398 1,072,284 32.6 2,213,442 67.4 3,285,726 South Dakota**........................ 286,882 309,776 50.0 309,778 50.0 619,554 Tennessee............................. 715,751 715,751 42.1 985,635 57.9 1,701,386 Texas................................. 1,580,341 1,580,341 17.5 7,461,599 82.5 9,041,940 Utah.................................. 420,232 420,232 13.8 2,631,744 86.2 3,051,976 Vermont............................... 306,096 264,103 45.0 322,416 55.0 586,519 Virginia.............................. 529,720 529,720 30.3 1,219,970 69.7 1,749,690 Washington............................ 556,032 315,208 18.0 1,431,579 82.0 1,746,787 West Virginia......................... 306,653 259,363 50.0 259,367 50.0 518,730 Wisconsin............................. 1,101,373 1,101,373 30.6 2,501,333 69.4 3,602,706 Wyoming............................... 273,993 121,844 50.0 121,844 50.0 243,688 American Samoa**...................... 233,915 237,316 100.0 0 0.0 237,316 Guam**................................ 242,524 289,574 0.0 289,575 50.0 579,149 N. Marianas........................... 234,453 0 0.0 0 0.0 0 Puerto Rico........................... 357,414 357,414 39.7 543,954 60.3 901,368 Virgin Islands........................ 254,889 153,100 58.2 109,889 41.8 262,989 ------------------------------------------------------------------------- Totals.......................... 38,584,563 35,513,170 19.4 147,720,047 80.6 183,233,217 ---------------------------------------------------------------------------------------------------------------- * Fiscal year 1994 expenditure information incomplete. ** Federal share includes carryover of prior-year funds. Ratio of fiscal year 1994 State funds to Federal funds = 4.16/1 Note.--Federal share cannot exceed 50 percent of total expenditures for States; Territories are exempt from matching share requirement. Emergency Fund (Limitation on Permanent Appropriation) (Oil Spill Liability Trust Fund) The bill limits obligations from the emergency fund of the oil spill liability trust fund to no more than $3,000,000 in fiscal year 1996. The Oil Pollution Act of 1990 established a $50,000,000 annual permanent appropriation to finance emergency expenditures without further appropriation. Since the Committee's proposed allocation of budget authority pursuant to section 602(b) of the Congressional Budget Act sets aside $1,500,000,000 just for such emergencies in fiscal year 1996, and would require no further appropriation, the Committee believes a separate $50,000,000 annual appropriation is no longer necessary. The Committee would also note that in only one of the past five years has the full appropriation been required, and that without any limitation, the Coast Guard estimated the emergency fund would have accumulated an unobligated balance of $90,685,000 by the end of fiscal year 1996. FEDERAL AVIATION ADMINISTRATION Summary of Fiscal Year 1996 Program The Federal Aviation Administration (FAA) is responsible for the safety and development of civil aviation and the evolution of a national system of airports. Most of the activities of the FAA will be funded with direct appropriations in fiscal year 1996. The grants-in-aid for airports program, however, will be financed under contract authority with the program level established by a limitation on obligations contained in the accompanying bill. The total recommended program level for the FAA for fiscal year 1996 amounts to $8,343,050,000, including a $1,600,000,000 limitation on the use of contract authority. This is $1,463,492,000 above the President's request level and $49,173,000 (less than one percent) below the fiscal year 1995 enacted level. The following table summarizes the fiscal year 1995 program levels, the fiscal year 1996 program requests, and the Committee's recommendations: ---------------------------------------------------------------------------------------------------------------- Fiscal year-- Bill compared ------------------------------------ Recommended in with fiscal year 1995 enacted 1996 estimate the bill 1996 estimate ---------------------------------------------------------------------------------------------------------------- Operations.............................. \1\ $4,595,394,0 00 $4,704,000,000 $4,600,000,000 -$104,000,000 Facilities and equipment................ 2,087,489,000 1,907,847,000 2,000,000,000 +92,153,000 (Rescission)........................ -35,000,000 ................ -60,000,000 -60,000,000 Research, engineering and development... 259,192,000 267,661,000 143,000,000 -124,661,000 Grants-in-aid for airport \2\........... 1,450,000,000 ................ .........\3\ 1,600,000,000 +1,600,000,000 Aircraft purchase loan guarantee program \4\.................................... 148,000 50,000 50,000 ................ ----------------------------------------------------------------------- Total............................. 8,392,223,000 6,879,558,000 8,343,050,000 -36,508,000 ---------------------------------------------------------------------------------------------------------------- \1\ Reduction of $8,904,000 to comply with working capital fund, awards and procurement reform provisions and transfer of $3,967,700 for consolidated civil rights office not reflected. \2\ Limitation on obligations. \3\ The President's budget proposed to consolidate this program into the Unified Transportation Infrastructure Investment Program (UTIIP). \4\ Appropriation pursuant to limitation on borrowing authority. Aviation trust fund spending The Committee this year has placed a high priority on ensuring that aviation spending in fiscal year 1996 is at least equal to the tax receipts going into the airport and airway trust fund. For many years the Committee was concerned that a ``penalty clause'' in the authorizing statute led to a continued buildup in the aviation trust fund unobligated balance. As is shown in the following graph provided by the General Accounting Office, the balance in the trust fund was increasing between fiscal years 1984 and 1990 while this provision was in effect. The Committee was very pleased in 1990 when the penalty clause was repealed, because it caused a significant drop in trust fund unobligated balances. Each year since that time, spending from the trust fund has been greater than the tax revenues collected in that year. <GRAPHIC NOT AVAILABLE IN TIFF FORMAT> Although a provision similar to the penalty clause was enacted in last year's aviation reauthorization act, making more difficult the Committee's attempt to spend down the unobligated balance in the trust fund, the Committee has placed a priority on trust fund spending this year in order to ensure aviation users that their tax receipts are being spent in an efficient manner. The Committee's recommendations for fiscal year 1996 are estimated to result in total spending (outlays) from the aviation trust fund of $5,966,792,000 during the fiscal year. This is $89,792,000 more than estimated trust fund tax receipts. Operations (Including Airport and Airway Trust Fund) This appropriation provides funds for the operation, maintenance, communications, and logistical support of the air traffic control and air navigation systems. It also covers administrative and managerial costs for the FAA's regulatory, airports, medical, engineering and development programs. The operations appropriation includes the following major activities: (1) operation on a 24-hour daily basis of a national air traffic system; (2) establishment and maintenance of a national system of aids to navigation; (3) establishment and surveillance of civil air regulations to assure safety in aviation; (4) development of standards, rules and regulations governing the physical fitness of airmen as well as the administration of an aviation medical research program; (5) administration of the research and development program; and (6) administration of the federal grants-in-aid program for airport construction. Committee Recommendations A breakdown of the fiscal year 1995 enacted level, the fiscal year 1996 budget estimate, and the Committee recommendation by budget activity is as follows: ------------------------------------------------------------------------ Fiscal year Budget activity ----------------------------------------------------- 1995 enacted 1996 estimate 1996 recommended ------------------------------------------------------------------------ Operation of air traffic control system........... $2,200,319,000 $2,228,634,000 $2,220,324,000 NAS logistics support.......... 175,665,000 185,158,000 186,058,000 Maintenance of ATC system........... 842,331,000 868,297,000 866,197,000 Leased telecommunication s services....... 316,793,000 328,423,000 321,743,000 Aviation regulation and certification.... 361,119,000 399,711,000 383,950,000 Aviation standards 108,751,000 111,395,000 108,751,000 Civil aviation security......... 64,849,000 65,769,000 64,849,000 NAS design and management....... 54,078,000 53,277,000 45,000,000 Administration of airports......... 39,299,000 42,173,000 41,530,000 Executive direction and management....... 190,270,000 189,216,000 175,000,000 Human resource management....... 229,964,000 231,947,000 200,005,000 Commercial space transportation... ................ ................ 5,770,000 Account-wide adjustments...... ................ ................ -19,177,000 ----------------------------------------------------- Total appropriati on......... 4,583,438,000 4,704,000,000 4,600,000,000 ------------------------------------------------------------------------ The recommended levels include the following adjustments to the budget estimate: ------------------------------------------------------------------------ Budget Committee Change from estimate recommended request ------------------------------------------------------------------------ Operation of air traffic control system: Contract tower streamlining....... $6,520,000 .............. -$6,520,000 ``Quality through partnership''...... 1,790,000 .............. -1,790,000 NAS logistics support: Motor fleet, FAA logistics center... 55,100,000 $52,000,000 -3,100,000 Depot spares........ .............. 4,000,000 +4,000,000 Maintenance of the ATC system: Airport movement area safety system. 2,000,000 .............. -2,000,000 OASIS maintenance... 100,000 .............. -100,000 Leased telecommunications services: Administrative communications..... 93,607,000 88,927,000 -4,680,000 WECO switch offset.. .............. -2,000,000 -2,000,000 Aviaton regulation and certification: Flight stds/ certification staffing increase.. 9,907,000 4,953,000 -4,954,000 Delete funding for new data systems... 1,634,000 0 -1,634,000 Hold PCS costs to fiscal year 1995 level.............. 2,140,000 1,523,000 -617,000 Omega navigation system............. 8,556,000 0 -8,556,000 Aviation standards: Hold costs to fiscal year 1995 level.... 111,395,000 108,751,000 -2,644,000 Civil aviation security: Hold costs to fiscal year 1995 level.... 65,769,000 64,849,000 -920,000 NAS design and management: Reduction due to budget constraints. 53,277,000 45,000,000 -8,277,000 Administration of airports: Staffing increase... 1,891,000 1,248,000 -643,000 Executive direction and management: Staffing reductions. 0 -5,390,000 -5,390,000 Regional public affairs staffing... 3,055,000 1,008,000 -2,047,000 Additional reduction due to budget constraints........ 0 -6,779,000 -6,779,000 Human resource management: Labor, personnel & human relations.... 130,142,000 108,000,000 -22,142,000 Centralized training 100,050,000 90,000,000 -10,050,000 Mid-America Aviation Resource Consortium 0 250,000 +250,000 Commercial space transportation: Transfer from office of the secretary... \1\ 0 5,770,000 +5,770,000 Account-wide adjustments: Administrative aircraft........... 3,600,000 0 -3,600,000 Society of automotive engineers grant.... 105,000 0 -105,000 Overseas personnel assignments........ N/A -500,000 -500,000 Non-pay inflation... 0 -4,824,000 -4,824,000 Workers' compensation--hold to FY95 level...... 0 -1,394,000 -1,394,000 Undistributed....... .............. -8,754,000 -8,754,000 ------------------------------------------------------------------------ \1\$6,541,000 included in the Office of the Secretary of Transportation. Operation Of Air Traffic Control System The Committee recommends $2,220,324,000 for the operation of a national system of air traffic control and flight service facilities. This is $20,005,000 (one percent) above the level enacted for fiscal year 1995. The operation of these facilities is designed to assure the safety, reliability and regularity of flight operations. Sunday premium pay.--The bill retains a provision begun in fiscal year 1995 which prohibits the FAA from paying Sunday premium pay except in those cases where the individual actually worked on a Sunday. The statute governing Sunday premium pay (5 U.S.C. 5546(a)) is very clear: ``An employee who performs work during a regularly scheduled 8-hour period of service which is not overtime work as defined by section 5542(a) of this title a part of which is performed on Sunday is entitled to * * * premium pay at a rate equal to 25 percent of his rate of basic pay'' (emphasis added). Disregarding the plain meaning of the statute and previous Comptroller General decisions, however, in Armitage v. United States, the Federal Circuit Court held in 1993 that employees need not actually perform work on a Sunday to receive premium pay. The FAA was required immediately to provide back pay totaling $37,000,000 for time scheduled but not actually worked between November 1986 and July 1993. Without this provision, recurring costs of $6,000,000 would be required in the FAA's annual operating budgets. This provision is identical to that in effect for fiscal year 1995 and requested by the administration in the fiscal year 1996 President's budget. In addition, the Committee bill does not include requested language allowing these funds to be used for back pay for Sunday premium pay between fiscal years 1988 through 1990, to which the judicial decision was retroactively applied. Contract tower streamlining.--The bill deletes the $6,520,000 requested for the third year of the contract tower streamlining program. While the Committee continues to strongly support this program, delays in the program make further funding unnecessary in fiscal year 1996. Even though funds were provided for the first 25 towers in October 1993, they were not put under contract until September 1994. The next 25 will not be under contract until the end of fiscal year 1996. Given these delays, the Committee believes additional funds will not be required until fiscal year 1997. Quality through partnership.--The bill deletes the requested funding of $1,790,000 for FAA's ``quality through partnership'' program. According to the agency, this is a ``cooperative, long range cultural change process which establishes a team structure for identifying and resolving issues at the most appropriate level.'' Funds are used to support hundreds of labor-management teams plus a national steering committee and nine regional steering committees. While the Committee agrees some coordination is needed, it would seem that normal staff meetings and travel budgets (both union and FAA) could accommodate the necessary level of coordination without this multimillion dollar effort. Staffing standards study.--After many years of internal study, the FAA still does not have a complete understanding of how many controllers are required at each of its facilities. The FAA's 1994 review indicated that almost thirty percent of the agency's field facilities had staffing imbalances of greater than ten percent, compared to the planning standard. Last year, the agency stated their planning standards could not be used for facility planning due to the unique needs of each facility. While acknowledging that some facilities have unique staffing needs, the Committee believes the FAA needs a solid planning methodology on which to base its staffing, training, and facility allocation decisions. Without good planning tools, as the agency downsizes there is a higher likelihood of situations similar to the emergency situation which occurred earlier this year at the New York en route center requiring immediate staffing increases. This problem could become even more acute with a smaller and possibly less experienced controller workforce and little or no developmental pipeline for controllers. For these reasons, the Committee directs FAA to study the development of a comprehensive methodology whereby the FAA could determine the required number of controllers at each of its facilities. This study is to be conducted by the National Academy of Sciences, and should be submitted to the House and Senate Committees on Appropriations no later than April 15, 1997. Loran-C.--The Committee has indicated to the FAA in past years that the agency should take full advantage of the compatibility of Loran with GPS technology so the substantial investment made by users in the technology can continue to be utilized, and so Loran can be used as a cost effective alternative system to GPS. The Committee has also heard from every segment of the Loran user community, and there is broad consensus to continue support and funding for Loran, until it is determined that satellite technology is available and reliable as a sole means of safe and efficient air navigation. The Loran system is established, operationally proven, reliable and cost effective. The Committee understands there are currently more than 1.3 million users of Loran, and that total system infrastructure operation and maintenance costs are approximately $17,000,000 annually. In view of the favorable benefits versus costs associated with Loran, and because of the substantial enhancement it provides to user safety, the Committee remains convinced that the Federal Government and users can benefit from the technology well into the next century. The Committee last year indicated to the FAA that it might be necessary for the agency to assume increased funding responsibility for Loran-C/GPS related initiatives in conjunction with other elements of DOT. The Committee believes that some funding responsibility for Loran should be transferred to the FAA. Therefore, the Committee directs the FAA to provide a plan, within 120 days of enactment of this bill, for future funding, upgrading, and support for Loran in cooperation with other elements of DOT. Moreover, the FAA is directed to expedite implementation of the automatic blink system, and the agency should fully support actions to permit promulgation of Loran non-precision approaches for which funds have been previously approved. The FAA is also urged to continue developing GPS approaches which are compatible with Loran technology, so that full benefit can be gained from both technologies. Operational responsibility pay.--Since October 2, 1982, air traffic controllers and certain other FAA personnel have been paid an ``operational responsibility'' bonus equivalent to five percent of base pay. The pay is not mandatory, but subject to the discretion of the FAA administrator. The legislative history of this pay indicates Congressional intent that the pay was provided to reward controllers who did not join in the illegal air traffic controllers' strike in 1981. The House budget resolution for fiscal year 1996 assumes the immediate termination of this pay, arguing that the need for the special pay has long since passed. The Committee believes that, since controllers have been receiving this pay for as long as thirteen years, to terminate the pay at this time would result in a five percent reduction in the take home pay of critical safety personnel. Therefore, the Committee bill provides full funding for this pay in fiscal year 1996. However, fully funding this $88,600,000 program has required difficult reductions in other parts of the FAA operating budget. nas logistics support The Committee recommends $186,058,000 for logistics support of the national airspace system, an increase of $10,393,000 (5.9 percent) above the fiscal year 1995 enacted level. This activity funds the acquisition of spare parts and repair services, agency-wide acquisition and contract administration staff, and other related logistics activities. FAA logistics center motor fleet.--The recommendation holds costs for the FAA logistics center motor fleet to slightly below the fiscal year 1995 funding level. The President's budget proposed an increase from $52,400,000 in fiscal year 1995 to $55,100,000 in fiscal year 1996. The Committee believes that given a smaller workforce than assumed in the President's budget, holding the line on these administrative costs is reasonable. This results in savings from the budget estimate of $3,100,000. Depot spares.--This year, FAA and departmental officials described ``horror stories'' and provided statistics of aging equipment, power outages, and long repair times. At the same time these cases are occurring, the FAA is sending increased amounts of new equipment to the field which also require spare parts. Given these circumstances, the Committee finds it curious that the FAA continues to reduce their logistics center's internal budget requests for spare parts, which may be contributing to the horror stories. The following table compares internal budget requests for spare parts of the logistics center to final allocations by the FAA: ------------------------------------------------------------------------ Fiscal year Request Allowance Difference ------------------------------------------------------------------------ 1992.................. $80,710,000 $64,894,000 -$15,816,000 1993.................. 95,371,000 64,647,000 -30,724,000 1994.................. 117,288,000 75,465,000 -41,823,000 1995.................. 114,786,000 74,507,000 -40,279,000 1996.................. 96,791,000 82,328,000 -14,463,000 ------------------------------------------------------------------------ The Committee believes that maintaining the existing system at a high state of readiness and availability is critical until new, less maintenance-intensive systems are commissioned. For this reason, the Committee bill includes $86,328,000 for depot spares, an increase of $4,000,000 above the budget request but still $10,463,000 (10.8 percent) below the logistics center's requirement for fiscal year 1996. This provides a modest improvement in addressing the existing spare parts shortfall. Maintenance Of Air Traffic Control System The Committee recommends $866,197,000 for maintenance of the air traffic control system, an increase of $23,866,000 (2.8 percent) above the fiscal year 1995 enacted level. This budget activity finances the field maintenance workforce, engineering support, and planning, direction and evaluation activities. The recommendation includes reductions to the budget request for maintenance of the airport movement area safety system (- $2,000,000) and the operability and support implementation system (-$100,000). Current development and production schedules for those systems do not support a request for maintenance funds in fiscal year 1996. Leased Telecommunications Services The Committee recommends $321,743,000 for leased telecommunications services, an increase of $4,950,000 (1.6 percent) above the fiscal year 1995 enacted level. The recommendation includes a reduction of five percent, compared to the fiscal year 1995 level, in funding for administrative telecommunications. The Committee believes this can be accommodated with little impact, given the need to reduce overhead costs and fully consider the effect of a smaller FAA workforce. In addition, the bill includes a $2,000,000 reduction from the budget request to reflect an unbudgeted receipt of funds from a court case involving fraud in the procurement of WECO switches. The FAA was recently awarded a settlement of $13,900,000 from the contractor in this case. A portion of these funds were to be applied to fiscal year 1996 budget requirements for telecommunications. Given these additional funds, the Committee believes a reduction can be made in this area without impact. Aviation Regulation And Certification The Committee recommends $383,950,000 for aviation regulation and certification activities, an increase of $22,831,000 (6.3 percent) above the fiscal year 1995 enacted level. The President's budget requested $399,711,000, an increase of $38,592,000 (10.7 percent). Flight standards and certification staffing.--The President's budget proposed a large increase in staffing for flight standards and certification--261 new full time positions and 131 staff years at a fiscal year 1996 cost of $9,907,000. While the Committee supports the need for greater staffing in this safety-related area, the proposed increase for fiscal year 1996 is too great for a single fiscal year. In addition, positions added in fiscal year 1995 have not all been filled due to overall staffing ceilings within the administration. The Committee recommendation provides an increase of 65 staff years rather than 131. New data systems.--The recommendation deletes funds for two new data management systems: the Airmen Certification Rating Application System (-$875,000) and the Data Management Administration System (-$759,000) due to budget constraints. Permanent change of station moves.--The bill holds these costs of the fiscal year 1995 level due to budget constraints. OMEGA navigation system.--The bill deletes funds to continue operation and maintenance of the OMEGA navigation system, a savings of $8,556,000 from the budget request. According to the Federal Radionavigation Plan, there are only 22,500 users of this system worldwide, only 14,000 of which are attributable to air navigation. Supporting such a high cost system for so few users is no longer affordable. The Committee believes this program could be continued through user fees, if deemed essential to the user community. aviation standards The Committee recommends $108,751,000 for aviation standards, the same amount as the fiscal year 1995 enacted level and $2,644,000 (2.3 percent) below the budget request. Aeronautical charting.--The Committee understands the FAA is currently exploring the possibility of assuming responsibility from the National Oceanographic and Atmospheric Administration (NOAA) of producing and distributing aeronautical charts. It appears the FAA may be able to perform this function more efficiently and cost-effectively than NOAA. The Committee understands that NOAA is amenable to such an arrangement and is involved in the discussions. The Committee encourages these discussions, and looks forward to working with FAA on development of a final proposal. civil aviation security The Committee recommends $64,849,000 for civil aviation security, the same amount as the fiscal year 1995 enacted level and $920,000 (1.4 percent) below the budget request. nas design and management The Committee recommends $45,000,000 for design and management of the national airspace system, a decrease of $9,078,000 from the fiscal year 1995 enacted level. This activity provides oversight and planning for the research, engineering, and development (RE&D) and facilities and equipment (F&E) appropriations. The Committee is proposing a sharp reduction in this administrative account in order to continue funding the five percent air traffic revitalization bonus pay and to provide the highest possible funding levels for air traffic controllers, safety inspectors, and system maintenance. The Committee believes that the effect of this reduction could be mitigated through more effective utilization of FAA's network of technical support contractors. administration of airports The Committee recommends $41,530,000 for administration of airports, an increase of $2,231,000 (5.7 percent) above the fiscal year 1995 enacted level and a reduction of $643,000 from the budget request. The bill includes 20 new positions for airport inspection, 10 new positions for compliance, and 3 new positions for management improvements. In total, the recommendation provides more than half of the proposed increase of 50 new positions, and focuses on staff needed for airport inspections (which is mostly safety-related) and compliance issues including illegal revenue diversion. Atlantic City International Airport.--Of the funds provided for operating expenses of the FAA, the Committee expects FAA to continue its contribution for fire fighting and emergency services at the Atlantic City International Airport, either alone or in conjunction with the New Jersey Guard. EXECUTIVE DIRECTION AND MANAGEMENT The Committee recommends $175,000,000 for executive direction and management, reductions of $14,216,000 from the budget request and $15,270,000 from the fiscal year 1995 enacted level. A reduction in this overhead account is needed to continue funding the five percent bonus pay for air traffic controllers. Staffing levels.--The Committee has reviewed staffing levels in several headquarters offices, and believes that opportunities for streamlining exist. The bill includes a reduction of $5,390,000 to reduce staffing in the following offices: ------------------------------------------------------------------------ FY95 Office enacted FY96estimate FY96recommended Change ------------------------------------------------------------------------ Chief counsel.. 129 131 125 -6 Government and industry affairs....... 12 11 10 -1 Information technology.... 92 86 75 -11 Public affairs. 33 32 10 -22 Accounting..... 73 74 72 -2 Policy, planning and international. 38 38 25 -13 Policy, plans, management analysis...... 76 74 60 -14 International aviation...... 28 28 25 -3 Air traffic system management.... 194 190 187 -3 ------------------------------------------------------------------------ Regional public affairs offices.--Currently, the FAA regional offices have 38 public affairs staff, in addition to the 33 in headquarters. Given budget constraints, this level of staffing in the regions seems excessive. The Committee recommends only 13 regional public affairs staff. Additional reduction due to budget constraints.--The bill includes an additional reduction in this activity of $6,779,000 due to budget constraints and the higher priority accorded to first line operational positions in air traffic and field maintenance. human resource management The Committee recommends $200,005,000, a decrease of $29,959,000 (13 percent) from the fiscal year 1995 enacted level. Labor, personnel and human relations.--The bill includes $108,000,000, a reduction of $22,142,000 from the budget estimate. According to the justification material, much of this funding is for organizational development teams and for labor relations work. While the Committee is generally supportive of such work in moderation, an annual budget of $130,142,000 appears excessive. The recommendation reduces the request by 17 percent. Centralized training.--As previously discussed in an earlier section of this report, the FAA has come under severe criticism this year for mismanagement of its training program. Several top executives in charge of training have recently left the agency. In fact, the entire human resource organization appears to be in disarray at this time. The General Accounting Office testified that the management training budget should be scrutinized very heavily as a result of the criticisms and weak management. Given the concerns this year about training in the FAA and the uncertain direction of that training within the agency, a significant reduction in the $15,490,000 requested for management training seems in order. In addition, a portion of this reduction should be allocated against program administration training (budgeted at $8,672,000). The Committee recommends no reduction in training for regulatory standards and compliance inspectors, based on GAO testimony that these staff are ill-equipped at the present time to carry out their safety inspection responsibilities due to insufficient training. The Committee recommends $90,000,000 for training, a reduction of $10,050,000 (10 percent) from the budget request. Implementation of IG recommendations.--The Committee directs the FAA administrator to submit reports, on a quarterly basis, to the House and Senate Committees on Appropriations, regarding the agency's implementation of IG recommendations in the FAA training investigation recently completed. These reports should be submitted until further notice. Mid-American Aviation Resource Consortium.--The Committee expects the FAA to continue the agency's commitment to the Mid- American Aviation Resource Consortium in Minnesota and has included $250,000 for this purpose. These funds are to be used in Minnesota to support the air traffic controller training program and to continue research for the FAA. office of commercial space transportation The Committee recommends $5,770,000 for operations of, and research by, the office of commercial space transportation. This office is currently part of the office of the secretary of transportation. The Committee believes the office would more effectively serve its customers, and streamline the OST organization, if it were relocated to the FAA. The office is authorized as a part of DOT, but not under any particular mode or organization. The recommended level represents a reduction of $290,000 (4.8 percent) from the fiscal year 1995 enacted level. This level is sufficient to finance the additional 4 staff years provided in fiscal year 1995. Recommended adjustments to the budget request are as follows: (a) hold travel to the fiscal year 1995 level (-$45,000); (b) reduce funding for contract programs (-$666,000); and (c) delete funds for fostering competition and industry viability, an activity opposed by the Committee in past years and one more appropriately conducted by the private sector (-$60,000). account-wide adjustments Administrative aircraft.--The bill reduces the budget request by $3,600,000 based on an Inspector General audit indicating significant savings if the FAA were to dispose of six administrative aircraft, based in the regions, which are not required for FAA missions. Given the emphasis this year on reducing unnecessary overhead and administrative costs, the Committee accepts the IG recommendation, and requires the FAA to dispose of these six aircraft. Society of automotive engineers grant.--The recommendation terminates funding for this small research grant due to budget constraints, for a savings of $105,000. Overseas personnel.--The FAA currently has 208 personnel assigned around the world. While the Committee understands that the FAA requires overseas personnel in order to carry out its missions, these assignments are very costly, given the high cost of living in many countries, and should be heavily scrutinized. The Committee believes that such scrutiny will result in fewer overseas assignments, and assumes savings from that review. Non-pay inflation.--Consistent with action in other parts of the bill, the recommendation allows a 1.5-percent increase for non-pay inflation. The FAA budget requested 2.0 percent. The recommendation results in savings of $4,824,000. Workers' compensation.--The recommendation holds these costs to the fiscal year 1995 level. In addition, the bill includes a new department-wide general provision restricting funds for workers' compensation in fiscal year 1996, resulting in significant additional savings for the FAA. This is discussed under ``OST general provisions.'' The Committee also directs the FAA to set aside and reserve no less than 30 staff years for the purpose of offering employees currently on workers' compensation a working position back in the agency. The Committee has encouraged such action for two years now, and continues to believe that reform in this area would reduce costs. Undistributed.--The recommendation includes a reduction of $8,754,000 due to budget constraints. The administrator is accorded the flexibility to allocate this reduction. Second career training program.--The Committee has included language carried for many years prohibiting the use of funds for the second career training program. general provisions Passenger manifests.--The bill continues the limitation (Sec. 319) contained in previous appropriations Acts prohibiting the Department of Transportation from issuing a final rule on an international passenger manifest program that only applies to U.S. carriers. The Department has issued an advance notice of proposed rulemaking which would require U.S. airlines to compile manifests for international flights that include the name of the passenger, the name of a next of kin and an emergency contact number. The Committee believes that if the Department anticipates that this regulation will be beneficial to U.S. citizens flying internationally, then it should apply to both U.S. and foreign flag carriers. The Committee believes that imposing such a regulation only on U.S. airlines could provide a competitive advantage to foreign flag carriers that will not have to bear the costs associated with implementation of the regulation or cope with the operational irregularities and passenger inconvenience resulting from passengers being confronted with the requirement to confirm this additional information prior to boarding international flights. O'Hare Airport slot management.--The bill continues the general provision (Sec. 323) enacted in fiscal year 1995 which prohibits funding to implement or enforce regulations that would result in slot allocations for international operations to any carrier at O'Hare Airport in excess of the number of slots allocated to and scheduled by that carrier as of the first day of the 1993-1994 winter season, if that international slot is withdrawn from an air carrier under existing regulations for slot withdrawals. Since slots are all reallocated at the beginning of the winter season, it is believed that the FAA can easily implement the provision. The following definitions continue to apply to this provision: (a) ``air carrier'' shall be as defined in section 1301(3) of title 49 of the U.S. Code App.; (b) ``foreign air carrier'' shall be as defined in section 1301(22) of title 49 of the U.S. Code App.; and (c) ``slot'' shall be defined as the operational authority to conduct instrument flight rule takeoffs and landings as further regulated in subparts K and S of part 93 of title 14 of the code of federal regulations. Facilities and Equipment (Airport and Airway Trust Fund) Appropriation, fiscal year 1995......................... $2,087,489,000 Budget estimate, fiscal year 1996....................... 1,907,847,000 Recommended in the bill................................. 2,000,000,000 Bill compared with: Appropriation, fiscal year 1995..................... -87,489,000 Budget estimate, fiscal year 1996................... +92,153,000 This account is the principal means for modernizing and improving air traffic control and airway facilities. This account also finances major capital investments required by other agency programs, experimental research and development facilities, and other improvements to enhance the safety and capacity of the airspace system. Committee Recommendation The Committee recommends an appropriation of $2,000,000,000 for this program, which represents a decrease of $87,489,000 (4.2 percent) below the level provided in fiscal year 1995. The President's budget proposed $1,907,847,000, a decrease of $179,642,000 (8.6 percent). The bill provides that of the total amount recommended, $1,784,000,000 is available for obligation until September 30, 1998, and $216,000,000 (the amount for personnel and related expenses) is available until September 30, 1996. These obligation availabilities are consistent with past appropriations Acts. The following chart shows the fiscal year 1995 enacted level, the fiscal year 1996 budget estimate and the Committee recommendation for each of the projects funded by this appropriation: <GRAPHIC NOT AVAILABLE IN TIFF FORMAT> <GRAPHIC NOT AVAILABLE IN TIFF FORMAT> <GRAPHIC NOT AVAILABLE IN TIFF FORMAT> <GRAPHIC NOT AVAILABLE IN TIFF FORMAT> additional funds for safety and capacity enhancement programs The bill includes a total of $229,917,000, above the budget estimate, for new systems, and associated site preparation and installation, to improve aviation safety and airway capacity around the country through rapid commissioning of new air traffic control systems, advanced computers, and state-of-the- art communication systems. In setting priorities for this bill, the Committee has placed the strongest emphasis on maintaining, and improving wherever possible, transportation safety around the nation. Because of significant concerns over the past year regarding the state of aviation safety, the Committee feels strongly that additional funding emphasis should be placed on new safety- related equipment. Among other things, this equipment will provide controllers, pilots, and airline dispatchers a more accurate and up-to-date understanding of dangerous weather conditions and provide a clearer picture and automated alerting of potential conflicts between aircraft maneuvering on airport surfaces. The Committee wishes to emphasize that almost a quarter of a billion dollars is being added above the administration's request to improve and promote aviation safety around this country. By contrast, the FAA proposed a significant reduction--8.6 percent--in this critical safety appropriation. The Committee directs the FAA to pursue these improvements aggressively as a high priority. While the administration has proposed an air traffic control corporation to help resolve problems in FAA acquisition and personnel management, the Committee held a special hearing on the subject this year and determined that such a proposal has yet to win the support of any major segment of the aviation industry, including airlines and the general aviation community. Significant concerns were raised in that hearing about the detrimental effect such a change could have on aviation safety. The Committee believes the status quo is unacceptable. The Committee agrees that FAA reform is essential, and believes effective reform could be achieved if the FAA and the administration were to pursue aggressively exemption from the existing procurement and personnel laws and strongly work for an independent FAA, rather than a government corporation. The Committee hopes the FAA will field these Congressionally-added systems as soon as possible, and place a higher priority on safety-related equipment in future acquisition budget requests. In addition, the Committee has placed a high priority on capital investment in this bill, and sought to maximize the return to users from their aviation taxes going into the airport and airway trust fund. The Committee received testimony from administration officials this year indicating that the air traffic control system is becoming increasingly debilitated by old, antiquated equipment. While much of the old equipment is scheduled for replacement over the next two or three years with systems already under contract, the Committee's recommended funding level would accelerate efforts to revitalize the technological state of the ATC system in this country. The programs for which the Committee recommends additional funding, and the associated increases above requested levels, are as follows: ------------------------------------------------------------------------ Program Main purpose Added funding ------------------------------------------------------------------------ Aviation weather products Safety & capacity...... $12,400,000 generator. Aeronautical data link...... Capacity............... 12,400,000 Terminal area surveillance Safety................. 5,800,000 system (TASS). En route center building Capacity............... 17,000,000 improvements. Terminal ATC automation..... Capacity & safety...... 22,600,000 Terminal doppler weather Safety................. 42,500,000 radar. Terminal voice switch Safety................. 7,000,000 replacement. Low cost surface detection Safety................. 8,000,000 radar (ASDE). Loop technology for surface Safety................. 2,000,000 detection. Northern California Capacity............... 10,000,000 metroplex. Atlanta metroplex........... Capacity............... 10,000,000 Airport movement areas Safety................. 20,000,000 safety system (AMASS). Instrument landing systems.. Capacity............... 3,500,000 Runway visual range Capacity............... 7,000,000 equipment. Low level windshear alert Safety................. 14,000,000 system. Day care facilities......... Employee............... 2,600,000 Airport/aircraft safety Safety................. 10,000,000 equipment. Transition engineering Safety & capacity...... 10,000,000 support. Program support leases...... Safety & capacity...... 4,117,000 Acquisition and installation Safety & capacity...... 9,000,000 personnel. ------------------ Total................. ....................... 229,917,000 ------------------------------------------------------------------------ engineering development, test, and evaluation The Committee recommends $475,700,000 for engineering development, test, and evaluation activities. Aviation weather services improvements.--The Committee recommends $26,100,000, an increase of $12,400,000 above the budget request. The additional funding is intended to restore funds for the aviation weather products generator (AWPG) project. The AWPG project will provide high resolution graphical images of severe weather conditions. Last year, the FAA described this project as necessary for improved weather hazard forecasting in such conditions as icing, turbulence, severe storms, microbursts, and high winds. It will improve safety as well as airway capacity and route planning for airlines. The Committee does not believe a program with benefits such as these should be terminated, as the President's budget suggests. En route automation.--The reduction of $60,700,000 reflects contract savings in the display system replacement project (-$55,700,000) and a programmatic reduction in advanced en route automation (AERA) (-$5,000,000). The recommendation reduces AERA funding from $38,300,000 to $33,300,000 in fiscal year 1996. The project was funded at $12,000,000 in fiscal year 1995. Aeronautical data link.--The recommendation increases funding from $23,800,000 in fiscal year 1995 to $27,400,000 in fiscal year 1996 and retains funding under this budget activity. The President's budget proposed $15,000,000 under the procurement budget activity. The Committee's review indicates this program is still in engineering development, and should be accelerated due to the benefits it offers to aviation users. Terminal area surveillance system (TASS).--The recommendation includes $5,800,000 to continue development of the terminal area surveillance system (TASS). This system is designed to detect and help direct aircraft around hazardous conditions such as windshear and wake vortices. Given the safety-related nature of this program and its strong operational requirement, the Committee believes this important program should be continued. The budget proposed termination due to budget constraints. Technical center facilities.--The Committee recommendation consolidates funding for improvements at the FAA Technical Center from six separate budget lines to a single line, for simplicity and budgetary flexibility. Budget items 1E02 through 1E07 have been consolidated into the single line 1E06, entitled ``Technical center facilities''. Evaluation of innovative deicing technology.--The Committee is aware of the FAA's recent evaluation of innovative aircraft deicing technology utilizing gas-fired infrared heating units in a wind-resistant, nonflammable fabric shelter. This full- scale evaluation, conducted at the Greater Buffalo International Airport, demonstrated the capability of such a system for cost effective deicing without the adverse environmental problems associated with traditional glycol treatments. The Committee understands that further testing of this system is planned for the upcoming winter. The Committee believes that this technology warrants further exploration, and directs the FAA to provide a full report to the House and Senate Committees on Appropriations by March 15, 1996 on the results of testing and the agency's plans to authorize airport grant funding or passenger facility charges to enable airports to procure such a system. air traffic control facilities and equipment Improvement of ATC en route radar facilities.--The Committee recommends a reduction of $5,900,000 in the budget request for this program due to weak justification and a large unobligated balance of prior year funds. Air route traffic control center (ARTCC) building improvements.--The Committee has included $17,000,000 above the budget request to provide the additional funding needed to meet the revised schedule for fielding of the display system replacement (DSR). Without increased funding to renovate ARTCC facilities in Atlanta, Fort Worth, Oakland, and Leesburg, the schedule for DSR is likely to slip. Voice switching and control system (VSCS).--The recommendation reduces the requested funding by $6,600,000. The reduction is to be allocated as follows: (a) engineering support for maintenance (-$1,500,000); (b) program management (-$3,000,000); (c) airway facilities training (-$1,000,000); and (d) technical services (-$1,100,000). Traffic flow management.--The recommendation defers funding for a new project called traffic management system--sustain (-$10,800,000) and uses a portion of those savings to accelerate full scale development contract award for the center/TRACON automation system (CTAS) (+$7,000,000). The CTAS project will provide critical capacity benefits. Because of its priority, the Committee believes the work should be put on a fast track, even if such action requires reduction in lower priority activities. In addition, the recommendation increases development funds for terminal air traffic control automation activities by $15,600,000. Critical telecommunications support.--The recommendation deletes funds for this project due to its low priority and large unobligated balance of prior year funding. Terminal doppler weather radar (TDWR).--The Committee believes that production for this important safety radar system has been prematurely cut off in the FAA budget request, particularly given the recent finding of the National Transportation Safety Board citing windshear as a contributing factor in last year's tragic aviation accident in Charlotte, North Carolina. The FAA originally established a requirement for 102 TDWR systems, and to date only 47 have been purchased. Given the existing requirements which remain unaddressed, the Committee recommends $40,000,000 in fiscal year 1996 for acquisition of 5 TDWR systems. In addition, the Committee has provided $2,500,000 not included in the President's budget to complete installation of the doppler radar in Las Vegas, Nevada, and to conduct the environmental assessment for the proposed Floyd Bennett Field site in New York City. The increases are needed to allow timely implementation of this safety equipment at those locations. Wind shear remains the primary weather-related threat to airline safety. The FAA has identified 102 U.S. airports that have significant risks from wind shear (severe weather exposure). The Committee recommends that the FAA give priority to those airports at the greatest risk of wind shear (severe weather exposure) in the installation of additional units. Terminal automation.--The Committee strongly supports continued development of the FAA's standard terminal automation replacement system (STARS), and has recommended the full amount of the administration's request for fiscal year 1996. This program is a critical component of the FAA's modernization program because without it, users of the air traffic control system will not be able to make full use of advances in automation and GPS technology. The STARS program is also a model procurement that reflects the painful and expensive lessons the FAA has learned during the past decade. The program manages risk by transferring development responsibility to industry, reduces costs by seeking off the shelf technology wherever possible, and requires ``fly before you buy'' proof from companies wishing to bid. The Committee believes the FAA has, in this program, set realistic and achievable program schedules and cost estimates. The Committee believes that a fair competition among qualified bidders is essential to the STARS acquisition plan. The Committee expects the FAA to proceed with a STARS competition among qualified bidders and take no actions on other projects, such as performance enhancements for systems currently in use, which would have the effect of giving one contractor an advantage over others. The recommended funding level for terminal automation provides no funds for a prime contract for the digital BRITE (DBRITE) display system. This project has undergone significant delays, with funds as far back as fiscal year 1993 still not yet obligated. In addition, the Committee believes the benefit- cost justification for these systems is inaccurate and needs to be reviewed with more attention to quantitative analysis before further funds are requested. Since 57 units are planned for procurement using the earlier appropriations later this year, it is apparent the manufacturing base will be sustained through fiscal year 1996. The Committee will consider additional funding next year pending stronger justification for their procurement. Reprogramming for Windsor Locks, CT air traffic control facilities.--The Committee approves the department's request to reprogram $2,800,000 to begin construction of a new terminal radar approach control (TRACON) facility at Bradley International Airport in Windsor Locks, Connecticut. Airport movement areas safety system (AMASS).--Given this program's importance to aviation safety, the strong support of the National Transportation Safety Board, and recent calls for accelerated fielding by the FAA Safety Summit, the Committee recommendation includes an additional $20,000,000 for AMASS systems. The recommended level includes AMASS systems for airports in the following locations: Philadelphia, PA Seattle, WA Denver, CO (2 systems) Anchorage, AK Miami, FL Cleveland, OH Dallas/Ft. Worth, TX San Francisco, CA Kansas City, MO Memphis, TN Remote maintenance monitoring system (RMMS).--This project, funded at $12,500,000 in the budget request, would develop and procure near-term up-grades to the existing RMMS systems. However, the FAA budget also includes funds to study a new, replacement system for RMMS. Since, according to the justifications, the replacement system is to be purchased ``off-the-shelf'', the Committee is not convinced that funds to develop improvements to the existing system are needed. Instead of pursing both alternatives, the FAA should expeditiously procure the off-the-shelf replacement in lieu of upgrades. This termination results in savings of $12,500,000. Terminal air traffic control facility replacement.--The Committee recommends $60,400,000, to be distributed as follows: Merrill, AK............................................. $1,018,600 Oakland, CA............................................. 2,425,400 St. Louis TRACON........................................ 2,380,000 Manchester, NH.......................................... 938,000 Albany, NY.............................................. 648,000 Birmingham, AL.......................................... 409,000 Islip, NY............................................... 354,400 Kansas City, MO......................................... 10,600,000 Vero Beach, FL.......................................... 326,000 Santa Barbara, CA....................................... 2,000,000 Little Rock, AR......................................... 5,980,100 Covington, KY........................................... 6,500,000 Salina, KS.............................................. 1,144,100 Newport News, VA........................................ 721,200 Salt Lake City TRACON, UT............................... 1,900,000 Roanoke, VA............................................. 1,939,300 Everett, WA............................................. 928,700 Champaign, IL........................................... 402,000 Grand Canyon, AZ........................................ 212,000 Dallas (Addison), TX.................................... 3,693,700 Port Columbus, OH....................................... 2,457,500 Fort Lauderdale (Executive), FL......................... 1,701,800 San Angelo, TX.......................................... 1,838,800 Bedford, MA............................................. 323,000 Corpus Christi, TX...................................... 612,000 Seattle, WA............................................. 786,000 New York (LaGuardia), NY................................ 1,000,000 St Louis (Control Tower), MO............................ 5,600,000 Kansas City (ASDE), MO.................................. 552,900 Newark, NJ.............................................. 1,000,000 -------------------------------------------------------- ____________________________________________________ Total............................................. 60,400,000 Terminal voice switch replacement (TVSR).--The Committee believes contract award for the enhanced terminal voice switch--the large communications switch for TRACON facilities-- should be accelerated, given the increased frequency of outages and the criticality of good communications between air traffic controllers and pilots. The recommendation includes an additional $7,000,000 to accelerate award of this contract. Airport surface detection equipment (ASDE)-3.--The ASDE-3 radar system detects potential aircraft conflicts on the airport surface. Because of the safety improvements offered by this system and the strong support of the NTSB, Congress added funds at the initiative of this Committee in fiscal year 1993 to purchase an additional ten ASDE-3 systems. Over the next two years, however, FAA mismanagement has lessened the attractiveness of this procurement. For example, FAA's inability to sign the new contract in a timely manner caused a break in the production line and higher costs, so that now only six systems can be procured for the cost originally estimated for ten. In addition, the FAA's benefit-cost analysis for additional systems utilized an inappropriate discount rate. When this was discovered--after funding had been provided--the agency declared that, contrary to earlier information, no additional site met benefit-cost criteria. Despite these problems, the Committee continues to believe that these systems would improve safety, and encourages the FAA to locate these systems at the most cost beneficial sites as soon as possible. Low-cost ASDE and inductive loop technologies.--Because of the high cost of the existing ASDE-3 systems and the strong safety requirement, the Committee believes the FAA should explore lower cost surface detection technology solutions for airports not scheduled to receive ASDE equipment. The bill includes $8,000,000 for initial development of a low-cost ASDE radar system and $2,000,000 to examine inductive loop technology for surface detection. The objective of the inductive loop technology program is to provide a prototype system that will classify, track, and record aircraft and ground vehicle movement on taxiways and runways. The prototype system should include: (a) at least 150 inductive loop sensors; (b) a short range sensor; (c) a system that automatically provides incursion prevention alerts along with positional information of aircraft and ground vehicles; and (d) provision of data to a central site from all sensors and computer hardware and displays. It is expected that data will be collected from the prototype system to train neural networks to detect and classify over 100 commercial aircraft, general aviation aircraft, and ground vehicles. The Committee is aware that General Mitchell International Airport in Milwaukee, Wisconsin is being considered by the Federal Aviation Administration as a test site for new low cost ground radar equipment. The Committee supports and encourages the FAA to use General Mitchell International Airport as a test site for this ground radar equipment. Facility consolidation.--The Committee has, for several years, encouraged the FAA toward greater airspace utilization and resource efficiencies through facility consolidation. The current budget request makes steps in that direction, but at a very slow pace. The Committee believes that, given budget projections for future years, the FAA needs to accelerate this program, to realize those budget savings and deliver operational benefits to users on a faster timetable. The bill therefore includes $10,000,000 each for new metroplex control facilities in northern California and Atlanta, Georgia. Both of these facilities were funded in fiscal year 1995, but had funding deferred in the fiscal year 1996 budget request. Integrated network management system.--The Committee is not convinced this new program will be affordable in the outyears, and therefore recommends no funding for fiscal year 1996. Automated surface observing system (ASOS).--The joint program of the FAA and the National Weather Service to provide ASOS systems has not met its objectives for commissioning new sites. The Committee is aware that numerous problems have been reported with the equipment and its installation. The Committee therefore directs FAA to explore alternatives to this program, including investigating whether ASOS is the most appropriate technology for all present and planned sites and whether more cost-effective, yet functionally compatible, systems are available. The FAA is directed to report to the House and Senate Committees on Appropriations no later than January 1, 1996 on the alternatives available and the steps the agency plans to take to resolve the technical and installation problems associated with this program. Establishment of instrument landing systems (ILS).--The Committee recommendation includes the $30,000,000 in the budget request and $3,500,000 for a category II ILS to be installed in Rockford, Illinois. The FAA validated a requirement for this system due to changes in air traffic at that location, and was planning to reprogram funds for this purpose. Because rescissions of unobligated funds in this bill and previous Acts lower significantly the FAA's funds available for reprogramming, the Committee believes additional funding is warranted so that the requirement at this airport will not be delayed. The bill includes funding for the following systems: Dallas-Fort Worth, TX (Category III ILS with ALSF-2) (34R) Dallas-Fort Worth, TX (Category III ILS with ALSF-2) (16L) St. Louis, MO (Category III ILS with ALSF-2/DME/RVR) (14R) Atlanta, GA (Category III ILS with ALSF-2/DME/RVR) (27) Rockford, IL (Category II ILS) (7/25) Low level windshear alert system (LLWAS).--The bill includes the $1,000,000 requested in the budget estimate and, in addition, $14,000,000 to accelerate procurement and installation of new equipment and upgraded LLWAS sensors at high density airports. This is a safety radar system which detects and alerts against dangerous windshear conditions similar to that implicated in the 1994 aviation accident in Charlotte, North Carolina. The Committee places a high priority on improving safety at airports across the nation, and this system is an important component of that effort. Sites receiving funds in this bill for enhanced LLWAS equipment or antenna pole replacement or relocation are as follows: Adams Field, Little Rock, AR Fort Lauderdale/Hollywood Airport, Fort Lauderdale, FL Luis Munoz Marin International, San Juan, PR John F. Kennedy International, New York, NY Mueller Airport, Austin, TX Tucson International, Tucson, AZ Lubbock International, Lubbock, TX El Paso International, El Paso, TX San Antonio International, San Antonio, TX Sarasota/Bradenton International, Sarasota, FL Los Angeles International (LAX), Los Angeles, CA Bradley International, Windsor Locks, CT Birmingham International, Birmingham, AL Honolulu International, Honolulu, HI Buffalo International, Buffalo, NY Jacksonville International, Jacksonville, FL Rochester International, Rochester, NY Hancock International, Syracuse, NY Des Moines International, Des Moines, IA Daytona Beach Regional, Daytona Beach, FL Piedmont Triad International, Greensboro, NC Richmond International, Richmond, VA Norfolk International, Norfolk, VA Dane County Regional, Madison, WI Charleston International, Charleston, SC Kent County International, Grand Rapids, MI Albany County Airport, Albany, NY Huntsville International, Huntsville, AL Mobile Regional, Mobile, AL Dannelly Field, Montgomery, AL Localizer directional aid, Santa Monica airport.--The Committee is concerned about the FAA's plans to reinstall a localizer directional aid (LDA) at the Santa Monica Airport in California. The LDA would replace a previously existing facility installed in June 1992 and damaged during the January 1994 Northridge earthquake. There is concern in the adjacent communities that the FAA did not adequately address noise, environmental, social and economic impacts during the initial placement of this facility. Following completion of the environmental impact statement, the Committee instructs the FAA to report to the House and Senate Committees on Appropriations on the potential impacts of the LDA, and the mitigation that would be required to address the concerns of the communities. Further, the Committee instructs the FAA to delay any installation of the LDA until at least a six month period following issuance of the report, in order for Congress to examine the report thoroughly. Runway visual range (RVR).--The recommendation includes an additional $7,000,000 to procure runway visual range equipment. Suspending operations at a major airport due to loss of the RVR can cost aviation system users as much as $1,000,000 per hour. The new RVR system is not as susceptible to outages due to weather, resulting in far less down time and substantial benefits to users. Fuel storage tanks.--The recommendation reduces these costs to $9,400,000 in order to fund higher priority activities. Local projects and air navigation facilities/air traffic control support.--The Committee deletes funding for these projects due to weak justification and the need to fund specific safety-related equipment. These two reductions total $7,000,000. NAS management automation program (NASMAP).--The recommendation defers further funding for this poorly justified new management information system, saving $2,000,000 from the budget estimate. Child care facilities.--According to the FAA, there are still seven en route centers without a day care center. Two of these are included in the President's budget. The Committee recommendation funds four new centers rather than two, an increase of $2,600,000 above the budget request. Airport/aircraft security equipment.--The bill includes $10,000,000 to procure, install and test prototype aviation security equipment at airports and advanced hardened containers for aircraft. These items have been under development for several years, and the Committee has information indicating their readiness for prototyping at this time. Mission Support Program support leases.--The Committee recommends $31,117,000 for this project in fiscal year 1996. Transition engineering support.--Given the importance of fielding new ATC equipment as rapidly as possible, and departmental testimony that system outages are occurring with increasing frequency, the Committee believes this is a high priority for additional funding and questions internal budget decisions in the department which reduced the funding by over $10,000,000. The Committee recommendation restores $10,000,000 above the budget request to ensure that new equipment is installed and commissioned in a timely manner. System architecture.--The recommendation provides the same funding level as provided for fiscal year 1995. Technical services support contract.--The Committee does not believe the ``resource tracking program'' is appropriate for this budget line, since it is not part of the TSSC contract, but a general management tool for the appropriation. Pending stronger justification for this activity, the Committee recommends no funding, a reduction of $1,000,000 from the budget request. Financial control baseline notices.--The FAA is directed to submit to the House and Senate Committees on Appropriations a copy of each F&E financial control baseline notice as it is approved by the agency. personnel and related expenses The Committee recommends $216,000,000, an increase of $7,500,000 above the level enacted for fiscal year 1995. This subaccount provides funding for salaries and benefits for those government personnel involved in managing, overseeing, and installing new equipment and facility construction. The increase of $9,000,000 above the budget estimate is provided specifically for field support, and will enable installation and commissioning of currently warehoused data multiplexing network equipment, instrument landing systems, and 3,500 radio transmitters and receivers. The Committee is appalled to learn of the amount of modernization equipment sitting in warehouses around the country due to lack of government staff allocations or funds for installation. These systems were bought to be used, not sit in warehouses while the system decays. The Committee recommendation assists in addressing that problem. Facilities and Equipment (airport and airway trust fund) (rescission) Rescission, fiscal year 1995............................ -$35,000,000 Budget estimate, fiscal year 1996....................................... Recommended in the bill................................. -60,000,000 Bill compared with: Rescission, fiscal year 1995........................ -25,000,000 Budget estimate, fiscal year 1996................... -60,000,000 The bill includes a rescission of $60,000,000 from the unobligated balances of ``Facilities and equipment'' due to budget constraints. The FAA administrator is accorded the discretion to allocate this reduction. Research, Engineering, and Development (Airport and Airway Trust Fund) Appropriation, fiscal year 1995......................... $259,192,000 Budget estimate, fiscal year 1996....................... 267,661,000 Recommended in the bill................................. 143,000,000 Bill compared with: Appropriation, fiscal year 1995..................... -116,192,000 Budget estimate, fiscal year 1996................... -124,661,000 The accompanying bill includes $143,000,000 for long-term research, engineering and development programs to improve the air traffic control system and to increase its safety and capacity to meet air traffic demands of the future, as authorized by the Airport and Airway Improvement Act and the Federal Aviation Act. This appropriation also finances the research, engineering and development needed to establish or modify federal air regulations. Committee Recommendation The Committee recommends $143,000,000, a reduction of $116,192,000 below the fiscal year 1995 enacted level and $124,661,000 below the President's budget request. The reduction reflects the Committee's decision to place a higher priority on the development and near-term acquisition of safety- and capacity-enhancing equipment, and a correspondingly lower priority on long term research. This year, the Committee received testimony documenting extensive equipment outages and safety concerns in the national airspace system. While still the safest airway system in the world, aviation accidents in 1994 highlight the need for more rapid implementation of advanced safety technologies, especially those related to forecasting and detection of hazardous weather conditions such as windshear. Equipment outages due to delays in replacement systems are restraining airway system capacity even as air traffic increases. This raises costs to airway system users and causes delays in passenger travel all across this country. Given these issues, and considering the importance of air travel for the overall economy of the United States, the Committee cannot accept the administration's proposal to reduce the ``Facilities and equipment'' appropriation drastically--8.6 percent in a single year--while increasing long term research. The Committee bill increases funding for facilities and equipment significantly above the President's request, and reduces ``Research, engineering, and development''. This reduction is not intended to be prejudicial to the FAA's research activities, but is instead a reflection of the difficult priorities which must be made to eliminate the federal deficit while maintaining essential transportation services to the public today and for the near-term future. A table showing the fiscal year 1995 enacted level, fiscal year 1996 budget estimate, and the Committee recommendation follows: ------------------------------------------------------------------------ Fiscal year ----------------------------------------------- Program name 1996 1995 enacted 1996 estimate recommended ------------------------------------------------------------------------ System development and infrastructure: System planning and resource management $3,623,000 $3,953,000 $3,000,000 Technical laboratory facility........... 5,800,000 9,598,000 5,800,000 Capacity and air traffic management technology: Air traffic management technology......... 9,174,000 9,875,000 0 Oceanic automation program............ 10,649,000 10,470,000 8,000,000 Terminal air traffic control automation (TATCA)............ 16,891,000 15,624,000 0 Runway incursion reduction.......... 8,099,000 8,177,000 0 System capacity, planning and improvements....... 12,082,000 12,256,000 6,000,000 Cockpit technology.. 4,820,000 8,266,000 6,500,000 General aviation/ vertical flight technology......... 4,837,000 3,327,000 2,629,000 Modeling, analysis, and simulation..... 9,631,000 7,807,000 2,000,000 Future airway facilities technology......... 800,000 3,403,000 0 Communications, navigation and surveillance: Communications...... 18,080,000 15,367,000 10,000,000 Navigation.......... 14,922,000 15,963,000 10,000,000 Surveillance........ 3,962,000 0 0 Weather................. 2,909,000 6,493,000 6,493,000 Airport technology...... 8,200,000 9,278,000 1,000,000 Aircraft safety technology: Aircraft systems fire safety........ 1,200,000 3,906,000 0 Advanced materials/ structural safety.. 5,245,000 2,973,000 2,000,000 Propulsion and fuel systems............ 3,436,000 4,059,000 0 Flight safety/ atmospheric hazards research........... 5,000,000 4,173,000 4,173,000 Aging aircraft...... 25,000,000 21,415,000 15,000,000 Aircraft catastrophic failure prevention research........... 2,705,000 4,357,000 2,705,000 Fire research....... 4,500,000 4,604,000 0 Fire research and safety............. 0 0 5,700,000 General aviation renaissance........ 0 1,005,000 0 Cabin safety........ 0 1,055,000 0 System security technology: Explosives and weapons detection.. 23,675,000 33,179,000 23,000,000 Airport security technology integration........ 1,000,000 2,530,000 0 Aviation security human factors...... 3,124,000 4,603,000 0 Aircraft hardening.. 7,828,000 3,496,000 0 Human factors and aviation medicine: Flight deck/ maintenance/system integration human factor............. 16,508,000 11,182,000 15,500,000 Air traffic control/ airway facilities human factors...... 11,259,000 10,193,000 10,000,000 Aeromedical research 4,233,000 4,485,000 2,500,000 Environment and Energy.. 5,200,000 5,429,000 1,000,000 Innovative/Cooperative Research............... 4,800,000 5,160,000 0 ----------------------------------------------- Total appropriation.... 259,192,000 267,661,000 143,000,000 ------------------------------------------------------------------------ In reaching the overall reduction, the Committee targeted research activities which: (a) could be performed by the private sector or other non-federal entities such as airports; (b) appeared to be of low overall priority or finance FAA overhead and facilities; and (c) have corresponding programs in ``Facilities and equipment'', some of which are increased in this bill. These reductions are as follows: Activities which can be performed by the private sector or other non-federal entities.--Several activities have been reduced which could be performed by the private sector or by other non-federal entities. They include: ------------------------------------------------------------------------ Committee Project 1996 budget recommendation Change ------------------------------------------------------------------------ Airport technology...... $9,278,000 $1,000,000 -$8,278,000 Advanced aircraft materials.............. 2,973,000 2,000,000 -973,000 Propulsion and fuel systems................ 4,059,000 .............. -4,059,000 Aging aircraft.......... 21,415,000 15,000,000 -6,415,000 Aircraft catastrophic failure prevention..... 4,357,000 2,705,000 -1,652,000 Cabin safety............ 1,055,000 .............. -1,055,000 Aircraft hardening...... 3,496,000 .............. -3,496,000 ------------------------------------------------------------------------ Low priority or administrative, level of effort activities.--Much of this work involves operating support of FAA organizations conducting the RE&D program. Lower funding is called for, as the overall program is being cut back, and because of the need to streamline administrative and management operations. ------------------------------------------------------------------------ Committee Project 1996 budget recommendation Change ------------------------------------------------------------------------ System planning/resource management............. $3,953,000 $3,000,000 -$953,000 Technical lab facility.. 9,598,000 5,800,000 -3,798,000 Modeling, analysis and simulation............. 7,807,000 2,000,000 -5,807,000 ------------------------------------------------------------------------ Reductions in areas due to increases in F&E activities.-- Some activities were reduced in consideration of increases provided under ``Facilities and equipment'' (F&E) for activities in the same area of technology, but in more advanced phases of development. Since solutions for these problems are being accelerated through application of F&E funds, early research can be cut back. ------------------------------------------------------------------------ Committee Project 1996 budget recommendation Change ------------------------------------------------------------------------ Oceanic automation...... $10,470,000 $8,000,000 -$2,470,000 TATCA................... 15,624,000 .............. -15,624,000 Runway incursion........ 8,177,000 .............. -8,177,000 Explosives/weapons detection.............. 33,179,000 23,000,000 -10,179,000 ------------------------------------------------------------------------ Some worthy activities are being reduced in order to protect funding for higher priority safety activities, including the increase for air traffic control human factors safety research. These reductions are as follows: ------------------------------------------------------------------------ Committee Project 1996 budget recommendation Change ------------------------------------------------------------------------ Air traffic management technology............. $9,875,000 .............. -$9,875,000 System capacity, planning and improvements........... 12,256,000 $6,000,000 -6,256,000 General aviation/ vertical flight........ 3,327,000 2,629,000 -698,000 Communications.......... 15,367,000 10,000,000 -5,367,000 Navigation.............. 15,963,000 10,000,000 -5,963,000 General aviation renaissance............ 1,005,000 0 -1,005,000 Environment/energy...... 5,429,000 0 -5,429,000 Innovative research..... 5,160,000 0 -5,160,000 Aeromedical research.... 4,485,000 2,500,000 -1,985,000 ------------------------------------------------------------------------ Air traffic control human factors research.--The Committee is very upset that, year after year, the FAA continues to ignore the importance of human factors research in its overall research program. Even though last year the Congress directed FAA not to reduce funding for this activity, the agency's fiscal year 1996 request slashes funding by 23.1 percent, from $27,700,000 to $21,300,000. This would drop funding for this critical area to the pre-1993 level. Even though most aviation accidents are caused by human factors, the FAA chose instead to request increased funding for items such as cooperative research with colleges and universities, FAA lab facility upgrades, flow control technology, and airport pavement technologies. The Committee believes this appropriation should focus first and foremost on safety, even if that results in less funding for non-safety-related research. The recommendation includes $25,500,000 for air traffic control human factors research, an increase of $4,200,000 above the budget request, but a decrease of $2,200,000 below the fiscal year 1995 enacted level. FAA is directed not to reprogram any of these funds to other activities. General Provision Federally-funded research and development center.--The bill continues a general provision enacted in fiscal year 1995 (Sec. 326) which caps staffing at the existing federally-funded research and development center (FFRDC) at no more than 335 members of the technical staff. The Committee is pleased with changes made by the FAA over the past year to address management issues cited in last year's Committee report, and believes that these changes provide a stronger, more productive FFRDC relationship. Grants-in-Aid for Airports (liquidation of contract authorization) (airport and airway trust fund) Liquidation of contract Limitation on authorization obligations Appropriation, fiscal year 1995... $1,500,000,000 ($1,450,000,000) Budget estimate, fiscal year 1996. 1,500,000,000 (\1\) Recommended in the bill........... 1,500,000,000 (1,600,000,000) Bill compared with: Appropriation, fiscal year 1995......................... 1,500,000,000 (+150,000,000) Budget estimate, fiscal year 1996......................... 1,500,000,000 (+1,600,000,000) \1\ Included under the Unified Transportation Infrastructure Investment Program (UTIIP). The bill includes a liquidating cash appropriation of $1,500,000,000 for grants-in-aid for airports, authorized by the Airport and Airway Improvement Act of 1982, as amended. This funding provides for liquidation of obligations incurred pursuant to contract authority and annual limitations on obligations for grants-in-aid for airport planning and development, noise compatibility and planning, the military airport program, reliever airports, and other authorized activities. This is the same funding as requested in the President's budget, and same level as provided for fiscal year 1995. limitation on obligations The bill includes a limitation on obligations of $1,600,000,000 for fiscal year 1996. This is $150,000,000 (10.3 percent) above the fiscal year 1995 level. The President's budget proposed to consolidate this program into the Unified Transportation Infrastructure Investment Program, with no specific funding set aside in law. As set forth in statute, the obligation limitation will be distributed as follows: ---------------------------------------------------------------------------------------------------------------- Fiscal year Project -------------------------------------------------------- 1995 enacted 1996 estimate 1996 recommended ---------------------------------------------------------------------------------------------------------------- Entitlements: Primary airports................................... $412,035,885 $448,176,815 $487,986,896 Cargo airports (3.5%).............................. 38,391,975 42,191,003 49,001,271 Alaska supplemental funding........................ 10,528,980 10,528,980 10,528,980 States (12.5%)..................................... 150,285,479 165,472,172 181,005,773 Carryover entitlements............................. 147,061,820 100,000,000 100,000,000 Discretionary Set-Asides: Noise (12.5%)...................................... 156,547,374 172,366,846 188,547,680 Reliever airports (5%)............................. 62,618,950 68,946,738 75,419,072 Commercial service airports (1.5%)................. 18,785,685 20,684,022 22,625,722 System planning (.75%)............................. 9,392,842 10,342,010 11,312,861 Military airport program (2.5%).................... 31,309,475 34,473,369 37,709,536 Returned Entitlements: Non-hub airports................................... 50,309,449 58,181,740 63,349,834 Non-commercial service airports.................... 25,154,724 29,090,870 31,674,917 Small hubs......................................... 12,577,362 14,545,435 15,837,458 Other Discretionary: Capacity/safety/security/noise..................... 243,750,000 243,750,000 243,750,000 Remaining discretionary............................ 81,250,000 81,250,000 81,250,000 -------------------------------------------------------- Total limitation:................................ 1,450,000,000 1,500,000,000 1,600,000,000 ---------------------------------------------------------------------------------------------------------------- The Committee's recommendation restores funding to this program, which was reduced for three consecutive years between fiscal years 1992 and 1995. In fiscal year 1992, this program was funded at $1,900,000,000. In fiscal year 1995, the program is funded at $1,450,000,000. While the Committee recognizes these reductions were based on valid concerns, including the lack of contract authorization and management issues, the Committee is pleased the FAA has made progress in addressing some of the Committee's past concerns in this area. In order to restore faith that the Federal Government is a reliable funding partner, and to address the backlog of important capacity projects which have been building up as the program was reduced, the Committee believes some increase is justified. The Committee has also improved an increase under ``Operations'' for increased staffing in the airport program, which will improve grants oversight and implement management improvements. Consistent with the treatment of highway demonstration projects, there is no funding for earmarked airport projects in the bill. general provisions Sixth runway, Denver International Airport.--The bill retains the general provision (Sec. 333) enacted in fiscal year 1995 which prohibits funding for planning, engineering, design, or construction of a sixth runway at the new Denver International Airport, unless the FAA administrator determines, in writing, that safety conditions warrant obligation of such funds. The Committee remains unconvinced at this time that the runway is a high priority, and that such a project could be managed effectively given the past management history of the overall project. Hot Springs, Arkansas airport properties.--The bill includes a new general provision (Sec. 339) which states that two small parcels of land previously developed as park sites and currently used by the citizens of Hot Springs shall not be considered airport property for the purposes of meeting requirements of the Airport and Airway Improvement Act of 1982, as amended. These facilities include softball fields and playground equipment for children. The good intentions of city officials to turn unused land near the airport into recreational space is now costing the city as much as $70,000 per year because of FAA concerns that the park sites might be considered airport assets not maximizing their revenue potential. The Committee does not wish to penalize communities which take innovative action in this regard, and is unconvinced that additional revenues could be generated on this site. Revenue diversion.--The Committee does not recommend continuing the existing provision regarding illegal revenue diversion at airports. The Committee remains resolute in its strong opposition to illegal revenue diversion, and has provided increased funding in the bill for staff to monitor and enforce the revenue diversion laws. However, because the penalty in the existing provision--termination of all federal transportation funding--is so severe, it is unlikely the provision would be enforced if it were ever required, and such action would in all likelihood not match the severity of the crime. In addition, the aviation reauthorization bill last year addressed this issue, strengthening the enforcement provisions against revenue diversion and giving users more clearly defined avenues for pursuing remedies. For these reasons, the Committee believes action in this bill is no longer required. Collection of passenger facility charges on frequent flyer coupons.--The Committee does not recommend continuing the existing provision regarding collection of passenger facility charges on frequent flyer coupons. Such collection was prohibited in last year's reauthorization bill, making action in this bill unnecessary. The Committee is still very much opposed to such collections, and is pleased that they have been terminated. Aircraft Purchase Loan Guarantee Program (limitation on borrowing authority) Limitation on Appropriation borrowing authority Appropriation, fiscal year 1995....................... $148,000 ($9,970,000) Budget estimate, fiscal year 1996....................... 50,000 (1,600,000) Recommended in the bill..... 50,000 (1,600,000) Bill compared with: Appropriation, fiscal year 1995.............. -98,000 (-8,370,000) Budget estimate, fiscal year 1996.............. .................... .................... The Committee recommends language that permits the Secretary of Transportation to borrow up to $1,600,000 from the Secretary of the Treasury to pay defaulted loans. This is the same as the budget estimate. According to the Office of Management and Budget and the Congressional Budget Office, the borrowing authority provided in appropriations Acts for this program is not new budget authority. The bill includes an appropriation of $50,000, as included in the budget request and calculated in accord with the Credit Reform Act, for the administrative costs of this program. FEDERAL HIGHWAY ADMINISTRATION Summary of Fiscal Year 1996 Program The Federal Highway Administration provides financial assistance to the states to construct and improve roads and highways, enforces federal standards relating to interstate motor carriers and the highway transport of hazardous materials, and provides technical assistance to other agencies and organizations involved in road building activities. Title 23 U.S.C. and other supporting legislation provide authority for the various activities of the Federal Highway Administration. Most of the funding for the Federal Highway Administration is provided by contract authority, with program levels established by annual limitations on obligations provided in appropriations Acts. Under the Committee recommendations, a total program level of $20,401,082,000 would be provided for the activities of the Federal Highway Administration in fiscal year 1996. This is $522,526,000 more than the fiscal year 1995 level, an increase of 2.6 percent. The following table summarizes the fiscal year 1995 program levels, the fiscal year 1996 program requests and the Committee's recommendations: ---------------------------------------------------------------------------------------------------------------- Fiscal year Program -------------------------------------------------- Recommended in the bill 1995 enacted 1996 estimate ---------------------------------------------------------------------------------------------------------------- Federal-aid highways\1\.............. $17,160,000,000 (\2\) $18,000,000,000 Highway-related safety grants\1\..... 10,800,000 (\2\) $10,000,000 10,000,000 Other highway projects............... 366,055,000 (\2\) ....................... Motor carrier safety grants\1\....... 74,000,000 85,000,000 79,150,000 Exempt federal-aid programs.......... 2,267,701,000 \2\ 200,000,000 2,311,932,000 -------------------------------------------------------------------------- Total.......................... 19,878,556,000 295,000,000 20,401,082,000 ---------------------------------------------------------------------------------------------------------------- \1\ Limitation on obligations. \2\ The President's budget proposed to consolidate these programs into the Unified Transportation Infrastructure Investment program. general provisions Verrazano-Narrows Bridge.--The Committee has included language in the bill (Sec. 325) continuing the one-way westbound tolls collection system on the Verrazano-Narrows Bridge. The Committtee believes one-way westbound tolls reduce traffic congestion and pollution and encourages the governors of New York and New Jersey to agree upon a mutually acceptable solution to the problem of toll collection without increasing pollution and congestion. The Committee has repeated the bill language on this subject which was contained in Public Law 103- 122. Central Artery/Third Harbor Tunnel.--The Committee has included bill language (Sec. 345) that stipulates that the Secretary of Transportation may not authorize funding for additional Federal-aid projects for the Central Artery/Third Harbor Tunnel Project in Boston, Massachusetts, until a financial plan is submitted by the Commonwealth of Massachusetts by October 30, 1995 and approved by the Secretary. For each fiscal year thereafter, the Secretary must approve revised financial plans submitted biannually by the Commonwealth and based on detailed annual estimates of cost-to- complete the remaining elements of the project. People's Republic of China.--The Committee has included bill language (Sec. 341) prohibiting the use of funds to arrange tours of scientists or engineers employed by or working for the People's Republic of China, to hire citizens of the People's Republic of China to participate in research fellowships sponsored by the Federal Highway Administration or other modal administrations of the Department of Transportation, or to provide training or any form of technology transfer to scientists or engineers employed by or working for the People's Republic of China. Obligation rates.--The Committee has continued language which limits federal-aid highways first quarter obligations. The Committee has restricted first quarter obligations to 12 percent. Recycled paving materials.--The Committee has included language (Sec. 320) delaying the administration, implementation, and enforcement of section 1038(d) of Public Law 102-240, relating to crumb rubber. Metric signage.--The Committee has included bill language (Sec. 324) which prohibits the design, construction, erection, modification or placement of any sign relating to speed limit, distance or other measurement using metric. Limitation on General Operating Expenses Limitation, fiscal year 1995..........................\1\ ($525,341,000) Budget estimate, fiscal year 1996....................... (689,486,000) Recommended in the bill................................. (495,381,000) Bill compared with: Limitation, fiscal year 1995........................ (-29,960,000) Budget estimate, fiscal year 1996................... (-194,105,000) \1\ Reductions of $3,545,000 to comply with working capital fund, awards and procurement reform provisions not reflected. This limitation controls spending for the salaries and expenses of the Federal Highway Administration required to conduct and administer the federal-aid highways program and most other federal highway programs. The limitation includes a number of contract programs, such as highway research, development and technology, rural technical assistance, and minority business enterprise. In addition, administrative costs for highway-related safety grants are transferred to the limitation. The Committee recommends a limitation of $495,381,000. This amount is $29,960,000 less than the fiscal year 1995 level of $525,341,000. The following table summarizes the fiscal year 1995 limitation, the fiscal year 1996 budget estimate, and the Committee's recommendation: ------------------------------------------------------------------------ Fiscal year -------------------------------- Recommended in 1995 1996 estimate the bill ------------------------------------------------------------------------ Administrative expenses: Salaries and expenses........... $210,128,000 $213,964,000 $213,964,000 Travel.............. 18,489,000 18,489,000 17,286,000 Transportation...... 849,000 874,000 849,000 Rent, communications and utilities...... 26,352,000 28,190,000 26,540,500 Printing............ 102,000 112,000 112,000 Working capital fund 19,763,000 22,471,000 22,471,000 Supplies............ 2,517,000 2,517,000 2,517,000 Equipment........... 10,584,000 10,584,000 10,584,000 Other............... 17,315,000 17,833,000 17,833,000 Procurement savings. .............. -3,000,000 -3,000,000 Civil Rights transfer........... .............. -809,000 +809,000 Accountwide adjustments........ .............. .............. -5,251,500 Contract programs, research and development: Highway R&D......... 53,552,000 79,706,000 55,772,000 ITS................. 114,500,000 238,579,000 93,250,000 Technology deployment......... 12,622,000 17,241,000 11,622,000 Long term pavement performance........ 8,739,000 10,701,000 8,489,000 Local technical assistance......... 3,015,000 3,015,000 3,015,000 National Highway Institute.......... 4,369,000 4,369,000 4,369,000 Disadvantaged business enterprises........ 10,000,000 10,000,000 10,000,000 International transportation..... 500,000 500,000 500,000 OJT/supportive services........... 5,000,000 5,000,000 .............. Rehabilitation of TFHRC.............. 3,000,000 .............. .............. Technical assistance to Russia.......... 400,000 400,000 400,000 Truck dynamic test facility........... .............. 1,500,000 750,000 Transportation investment analysis .............. 2,250,000 .............. Cost allocation study.............. .............. 5,000,000 2,500,000 ----------------------------------------------- Total............. \1\ 521,796,00 0 689,486,000 495,381,000 ------------------------------------------------------------------------ \1\ Includes reductions of $3,545,000 to comply with working capitol fund, awards, and procurement reductions. Administrative expenses The Committee recommends $304,714,000 for administrative expenses. This amount is $1,385,500 less than provided in 1995. The recommendation assumes a total of 3,372 full-time permanent positions. Rent, communications, and utilities.--Consistent with the Committee's recommendation to reduce the Department's overall space utility, the Committee has reduced FHWA's request for rental payments to $17,099,000. These funds are budgeted in this account and reimbursed to ``Rental payments'' in the Office of the Secretary. Accountwide adjustments.--The Committee recommendation includes an accountwide adjustment of $5,251,500 due to budget constraints. Funds budgeted for strategic initiatives, contractual support, teleconferencing, IRM improvements, working capital fund, travel and transportation and other administrative expenses will need to be reduced accordingly. The department is accorded the flexibility to allocate the reduction. Contract Programs The limitation on general operating expenses includes a total of $190,667,000 for contract programs. This represents a decrease of $25,030,000 from fiscal year 1995. Although the recommendation represents a significant reduction below the budget, the FHWA's contract programs have grown considerably in the last few years. As recently as fiscal year 1993, the contract programs of the Federal Highway Administration were at the $100,000,000 level. The Committee has approved without modification the budget requests for the local rural technical assistance program, the National Highway Institute, the minority business enterprises program, international transportation, and technical assistance for Russia. Highway research, development and technology The Committee recommends $55,772,000 for highway research, development and technology programs. This level represents an increase of $2,220,000, or 4.1 percent over last year. The following table summarizes the fiscal year 1995 program level, the fiscal year 1996 budget estimate and the Committee recommendation for the various research areas: ------------------------------------------------------------------------ Fiscal year -------------------------------------- Recommended in Program 1995 program the bill level 1996 estimate ------------------------------------------------------------------------ Highway research and development: Safety..... $7,768,000 $9,853,000 $8,768,000 Materials.. 5,451,000 ................. ................. Pavements.. 7,476,000 9,247,000 9,247,000 Structures. 6,311,000 12,359,000 13,211,000 Environment 5,593,000 6,481,000 5,593,000 Right-of- way....... 429,000 429,000 429,000 Policy..... 6,681,000 8,434,000 5,681,000 Planning... 6,069,000 7,895,000 6,069,000 Motor Carrier... 7,774,000 9,008,000 6,774,000 National Science and Technology Council Priority Projects.. ................. 16,000,000 ................. -------------------------------------------------------- Total, Highway research and developm ent..... 53,552,000 79,706,000 55,772,000 ------------------------------------------------------------------------ Safety.--The Committee recommends $8,768,000 for highway safety research and development. The combination of ISTEA and GOE funds will result in a safety R&D program of not less than $12,768,000 of new contract authority. Pavements.--The Committee recommends $9,247,000 for pavements research and development, including $1,000,000 for work on high performance concrete as proposed by the National Science and Technology Council (NSTC). Structures.--Of the $13,211,000 provided for structures research and development, $3,000,000 is afforded for a project proposed by the NSTC discussed in greater detail under NSTC priority projects. Motor carrier.--The Committee recommends a level of $6,774,000 for motor carrier research. The Committee notes the substantial expansion of this program during the last few years and suggests that a more careful review of research proposals by experts within and outside of FHWA is needed. The Committee's allowance includes $350,000 to conduct a research project to improve the current ``Share the Road'' campaign, which is intended to educate the motoring public about truck safety dynamics, and to coordinate similar non-federal activities and identify gaps in this outreach area. In view of changes in program emphasis, funding levels and growth of related research and development activities, the Committee asserts that it would be timely for FHWA to prepare a new research and development plan reflecting its revised research agenda and priorities. The FHWA shall submit a draft of its five year strategic plan together with details on current and planned R&D budget expenditures to the National Motor Carrier Advisory Committee for comment. The plan should pay particular attention to the driver fatigue research program. A final plan should be submitted to the House and Senate Committees on Appropriations before April 1, 1996. National Science and Technology Council (NSTC) Priority Projects.--The Committee's allowance does not include the $16,000,000 requested for the NSTC priority projects. In the Committee's view, budgetary limitations do not allow for this substantial increase in highway research and development funding, a comprehensive justification did not support the initiative, and the proposal was not subject to intensive peer review through FHWA's technical working groups and the Research and Technology Executive Board. The Committee maintains that priority funding should be reserved for FHWA's core infrastructure research and development program. Nevertheless, the Committee recognizes the importance of improving the nation's physical infrastructure and has reviewed the request for NSTC priority projects. The Committee has included within the pavements and structures programs two research projects that were identified by the NSTC. The Committee recommends $1,000,000 to accelerate the utilization of high performance concrete, which offers potential savings of 20 percent or more on highway structures. This highway material offers improved resistance to changing weather conditions and increased strength. Fewer structural members, longer spans and pavement life, and lower life-cycle costs are possible with high performance concrete. The Committee's recommendation also includes $3,000,000 as part of the structures R&D program to construct or use one or more facilities that would evaluate and calibrate bridge and pavement non-destructive evaluation technologies. This project will accelerate the use of this technology and will pay dividends in public sector investment, private sector jobs, and most importantly, promote safety for the traveling public. The testing or evaluation of any new proprietary devices or methods shall involve substantial cost sharing with the private sector. Turner Fairbanks facility.--In the 1997 Congressional budget justifications, the FHWA is directed to submit a separate line item specifying the amount of funds necessary to support and maintain the Turner Fairbanks facility and to conduct associated research and contract activities that are now included in other various research activities. Intelligent transportation systems (ITS).--The Administration has called for an accelerated ITS effort of $651,600,000, which includes $113,000,000 in contract authority provided by the Intermodal Surface Transportation Efficiency Act (ISTEA), $238,600,000 from general operating expenses, including $100,000,000 for the Trailblazer initiative, and $300,000,000 for a congestion relief and mitigation program. This request represents an increase of 186 percent over the 1995 levels. The Committee has provided $93,250,000 for the intelligent transportation systems (ITS) research program. When combined with the $113,000,000 in contract authority provided for this program by ISTEA, the Committee's recommendation will allow a total program level of $206,250,000. In addition, funding for elements of ITS research, particularly research and development and operational tests, may be supplemented by redirecting unobligated balances from projects first made available in fiscal year 1993 and earlier. The Committee believes that as much as $15,000,000 may be redirected to support ITS research and development. Any such transfers shall be subject to the prior notification of the House and Senate Committees on Appropriations and shall not be redirected to the automated highway system or advanced technology applications. The Committee funding for the ITS research and development activities has grown significantly over the last several years. In testimony before the Committee, the General Accounting Office noted: The [IVHS] Act authorized $659 million to support the program over 6 years, but after only after four years its appropriations have exceeded $800 million--almost $150 million more than was authorized for the 6-year period. The ITS program has also grown from a few projects in 1992 to 268 projects as of January 1995. The following tables illustrate the growth in appropriations and number of projects in the ITS program: <GRAPHIC NOT AVAILABLE IN TIFF FORMAT> Given this rapid growth, the Committee remains concerned that the ITS program needs to assess its progress and ensure effective management oversight. Although the initial actions of the Joint Program Office (JPO) have been helpful to strengthen management oversight of the ITS program, the Committee believes that stronger steps must be taken to ensure a more targeted, coordinated and cost-conscious program. The Committee, therefore, directs the department to empower the JPO to exercise autonomous control over the entire ITS funding budget, to include all requests under the FHWA limitation on general operating expenses, (including FTA and RSPA ITS activities), and review and monitor all ITS projects and their costs, objectives and schedules to accomplish JPO-approved program milestones. Reprogramming guidelines and procedures.--The Committee wishes to reiterate the reprogramming guidelines that state that Congressional approval is required for funding shifts of ten percent or more among programs, projects and activities (PPA). Congressional guidances states that PPAs are defined as any item for which a specific dollar level is cited in appropriations Acts or the reports accompanying those Acts. Congressional notification and approval of proposed changes to appropriated funding levels is fundamental. The following table depicts the 1995 program level, the fiscal year 1996 request and the Committee's recommendation for the intelligent transportation systems program by activity: INTELLIGENT TRANSPORTATION SYSTEMS [Dollars in thousands] ------------------------------------------------------------------------ Fiscal year 1995 Fiscal year 1996 Recommended in Program program level estimate the bill ------------------------------------------------------------------------ Intelligent transportation systems: Research and developmen t......... $35,000,000 $27,479,000 $25,000,000 ITS operationa l tests... 22,500,000 22,500,000 18,750,000 Commercial vehicle operations 10,700,000 10,700,000 12,700,000 Automated highway system.... 10,000,000 18,700,000 10,000,000 Advanced technology applicatio ns........ 15,000,000 15,000,000 2,500,000 Program and systems support... 11,300,000 17,000,000 11,300,000 Priority corridors. 10,000,000 10,000,000 ................. Crash avoidance research.. ................. 17,200,000 13,000,000 Trailblazer initiative ................. 100,000,000 ................. -------------------------------------------------------- Total, ITS..... 114,500,000 238,579,000 93,250,000 ------------------------------------------------------------------------ Operational tests.--The basic definition or outline of the National Systems Architecture is currently scheduled to be finalized by spring 1996. The Committee insists that once the basic structure has been established that any cooperative agreements signed thereafter by the department shall require that federally-supported ITS operational tests or corridor projects are consistent and compatible with this architecture. This requirement will promote interoperability. Commercial vehicle operations (CVO).--The Committee commends the actions taken by the FHWA to equip 200 motor carrier safety assistance program (MCSAP) sites by mid 1997 with the latest technology. This investment will promote the effectiveness and efficiency of the MCSAP by improving the targeting of vehicles and drivers subject to inspection. The Committee wishes to expand the progress to date and recommends $12,700,000 for the commercial vehicle component of the ITS program. Within the amount recommended, sufficient funds are available to improve and operate the SAFER and supporting systems, to equip at least fifty additional sites across the country by mid-1998 with the SAFER/inspection module that will provide on-line vehicle- and driver-specific inspection information, and for at least forty percent of the expenses needed to develop and pilot test the CVO communications infrastructure (CVISION). The Joint Program Office shall ensure that MCSAP officers and the state officials participating in the commercial vehicle information system participate in the design, testing and implementation of this initiative. Automated highway system.--The Committee recommends $10,000,000 for the automated highway system project. The amount recommended is judged adequate to maintain the initial partnership agreement, but will require an extension of this project beyond the original seven year duration. Advanced technology applications.--Because of overlap with activities funded under research and development, changing national priorities regarding defense conversion, difficulties encountered in funding ITS dual use projects and budgetary limitations, the Committee has reduced funding for advanced technology applications. The funds provided will allow continuation of the IDEAS program and some high risk, potentially high return projects that will supplement the R&D program. Priority corridors.--Separate categorical funding for priority corridors was first provided in fiscal year 1995, before which support for this area was provided wholly from the ISTEA set-aside for ITS. The Committee recommendation assumes that the priority corridors program will be supported through the ISTEA set-aside of $87,000,000 in fiscal year 1996. Crash avoidance research.--The Committee has provided $13,000,000 to facilitate the development and sale of products which will enhance the ability of drivers to avoid collisions and to ensure that safety is not degraded by new ITS products. Trailblazer initiative.--The Committee has not included $100,000,000 for the Trailblazer initiative as requested by the President, based, in part, on insufficient justification. The Committee notes the Department did not request funding for the Trailblazer initiative from the Office of Management and Budget. The Committee acknowledges that the ITS program has made some significant strides in the four years of its existence and may soon be entering a second phase of standards setting and deployment of infrastructure. The Intelligent Transportation Society of America (ITS America), a federal advisory committee to the department, projects the total funding needed for the ITS program to be $227 billion and to take 20 years to develop and make the program's technologies fully functional. The Committee believes that any large-scale national deployment of ITS infrastructure would be premature in advance of a national architecture, an explicit authorization, and a large scale private partnership. Therefore, the Committee directs the department to prepare a report to the Congress that outlines a strategy for phased deployment of ITS. The report shall serve as a guiding mechanism for reauthorization and shall discuss and recommend appropriate public and private roles, funding and financing options, standards setting and maintenance (including operating costs). The report shall also include total estimated costs, criteria for selection, and anticipated schedule relative to the overall deployment strategy. In the near term, the Committee notes that it has provided significant increases in the Federal-aid highway program, and capital and operating costs for traffic monitoring, management, and control facilities and programs are eligible activities of the surface transportation program should states or localities wish to pursue ITS deployment. Long-term pavement performance.--The Committee recommends $8,849,000 for the LTPP program. This amount shall be supplemented by $6,000,000 of section 6001 funds to further this important research. Technology assessment and deployment.--The Committee recommends $11,622,000 for technology assessment and deployment. The Committee directs that not less than $3,000,000 shall be allocated to safety activities (excluding congestion and incident management) and not less than $2,400,000 of section 6005 funds shall be allocated to safety applications. The Committee has included not less than $1,000,000 which shall be allocated to the Office of Highway Safety (OHS) to develop and test at least two new outreach campaigns that can be used by the states under the section 402 program. The Committee has reviewed the Red Light Running campaign and has received comments on the program from various state officials. The Committee expects that the OHS will develop other successful highway safety programs such as the project to increase compliance with yield-right-of-way or grade crossing signs. These campaigns should be ready for the development by the states as part of their 1997 section 402 programs. On-the job training/supportive services.--No funds are recommended for on-the-job training/supportive services in fiscal year 1996. Funds were provided in fiscal year 1995 for the first time in many years. States currently have the authority to use their federal-aid highway resources to accomplish the objectives of on-the job training and supportive services. The Committee urges the FHWA to encourage state highway departments to take necessary actions to achieve OJT/ supportive services, particularly given the increases in the federal-aid program. Truck dynamic test facility.--FHWA has signed a partnership agreement that will allow the agency to have access to a non- federal test facility to support truck/pavement interaction research. In light of this cost saving arrangement, the Committee recommends $750,000. Cost allocation study.--$2,500,000 is recommended for a truck size and weight and a cost allocation study. The FHWA shall conduct an objective and comprehensive study on truck size and weight issues and shall seek input from all affected parties, including the highway safety community. This study will provide a basis for recommendations for the next highway reauthorization and supplement, not duplicate, the work of the General Accounting Office, the Transportation Research Board and the American Association of State Highway and Transportation Officials. The Committee directs the FHWA to complete a major portion of the cost-allocation study before completing Phase III of the truck-size and weight study. FHWA must ensure that policy decisions on truck-size and weight are formulated within the context of well reasoned cost-allocation decisions which ensure that each vehicle class, and each distinct vehicle type within those classes, fairly shoulders cost responsibilities for infrastructure damage and other proportional effects on safety and associated crash cost impacts, congestion and capacity effects, and energy and environmental concerns. Only objective contractors with no conflicts of interest with the trucking or rail industries shall contribute to these studies. Cathodic protection for bridges.--Cathodic protection has long been recognized and recommended by the FHWA as the only practical system which will stop bridge deck corrosion in chloride contaminated bridge decks. The FHWA has extensively promoted and provided technical assistance in the use of cathodic protection systems through the FHWA demonstration project program since 1975. Recent FHWA economic studies have shown that cathodic protection systems should be considered for use on structurally sound salt-contaminated bridge decks carrying heavy traffic volumes in urban areas where traffic disruption and delay costs resulting from deck replacement or repair are significant. The FHWA is strongly encouraged to continue its program to demonstrate the latest technology in cathodic protection systems and to assist and encourage states to use cathodic bridge protection systems when economic studies show that these systems will be cost effective. Recycled materials.--The Committee directs the Federal Highway Administration to provide at least $1,000,000 from available resources for continued research on using recycled materials in concrete pavement and landscaped margins. The potential exists to use large scale quantities of plastic and paper waste as well as microsilica in concrete pavement construction. The Committee believes that a small investment in research in this area could yield large benefits in future years. Border regions infrastructure issues.--The Committee continues to express its belief that there is great need to develop further the infrastructure along the United States' border regions with Mexico and Canada, especially as these countries implement the North American Free Trade Agreement and as volumes of trade and traffic continue to increase. The Committee supports efforts by the department to participate in the exchange of technical and professional expertise with the governments of Mexico and Canada to enhance transportation projects and improve infrastructure initiatives in these regions. Further, the Committee directs that the Federal Highway Administration give high priority to transportation needs along the border regions in grant programs and discretionary funding. Based on the 1993 FHWA report entitled the ``Assessment of Border Crossings and Transportation Corridors for North American Trade,'' which found that federal highway funds had not been sufficiently allocated to meet the infrastructure needs along our borders, the Committee had requested of FHWA recommendations to improve the distribution of funding to border regions in last year's House report. The Committee is aware that FHWA's data collection efforts as a part of the recommendations are incomplete, and urges completion of the study so that its recommendations might be considered on a timely basis. Federal parkways.--The Committee rejects the administration's proposal to transfer ownership, oversight and responsibility of federal parkways to the states of Maryland and Virginia. Highway-Related Safety Grants (liquidation of contract authorization) (highway trust fund) (Including transfer of funds) ------------------------------------------------------------------------ Liquidation of contract Limitation on authorization obligations ------------------------------------------------------------------------ Appropriation, fiscal year 1995... ($10,800,000) ($10,800,000) Budget estimate, fiscal year 1996. (10,000,000) (10,000,000) Recommend in the bill............. (10,000,000) (10,000,000) Bill compared with: Appropriation, fiscal year 1995......................... (-800,000) (-800,000) Budget estimate, fiscal year 1996......................... (--) (--) ------------------------------------------------------------------------ A liquidating cash appropriation of $10,000,000 is recommended to assist states and localities in implementing the highway safety standards administered by the Federal Highway Administration. These standards cover traffic control devices, highway surveillance, and the highway-related aspects of pedestrian safety. limitation on obligations The bill also limits fiscal year 1996 obligations under this program to $10,000,000. This is identical to the amount requested for 1996. Obligations under this program are incurred to collect safety data, improve programming systems, study safety problems, and develop technical manuals related to the highway safety standards administered by the Federal Highway Administration. Federal-Aid Highways (liquidation of contract authorization) (highway trust fund) Appropriation, fiscal year 1995................... \1\ ($17,000,000,000 ) Budget estimate, fiscal year 1996................. (19,200,000,000) Recommended in the bill........................... (19,200,000,000) Bill compared with:............................... Appropriation, fiscal year 1995............... (+2,200,000,000) Budget estimate, fiscal year 1996............. (--) \1\ Reductions of $3,545,000 to comply with working capital fund, awards and procurement reform provisions not reflected. The Committee recommends a liquidating cash appropriation of $19,200,000,000 for the federal-aid highways program. This is identical to the budget request and $2,200,000,000 more than the enacted fiscal year 1995 appropriation. An estimated $3,100,000,000 of the recommended liquidating cash appropriation is to continue the construction of the interstate highway system. The balance of the funds is primarily for payments to the states for the national highway program, the surface transportation program, interstate maintenance, interstate substitutions, bridge replacement and rehabilitation, the congestion mitigation and air quality improvement program, certain planning and research programs, emergency relief, and the administrative costs of the Federal Highway Administration as discussed under the limitation on general operating expenses. federal-aid highways programs Federal-aid highways and bridges are managed through a federal-state partnership. States and localities maintain ownership and responsibility for maintenance, repair and new construction of roads. State highway departments have the authority to initiate federal-aid projects subject to Federal Highway Administration approval of plans, specifications, and cost estimates. The federal government provides financial support for construction and repair through matching grants, the terms of which vary with the type of road. There are almost four million miles of public roads in the United States and approximately 577,000 bridges. The federal government provides grants to states to assist in financing the construction and preservation of about 945,000 miles (24 percent) of these roads, which represent an extensive interstate system plus key feeder and collector routes. Highways eligible for federal aid carry about 85 percent of total U.S. highway traffic. Federal-aid highway funds are made available through the following major system-related programs: National highway system.--The Intermodal Surface Transportation Efficiency Act of 1991 authorized the development of a proposed national highway system (NHS) consisting of 155,000 miles (plus or minus 15 percent) of major roads in the United States. The proposed NHS will include all interstate routes, a large percentage of urban and rural principal arterial, the defense strategic highway network, and major strategic highway connectors. The proposed system, which will be developed in consultation with the states, must be designated by law by September 30, 1995. In the interim, NHS funds may be used on highways classified as principal arterials. A state may choose to transfer up to 50 percent of its NHS funds to the new surface transportation program, or, if the Secretary approves, 100 percent may be transferred. The federal share for the NHS is 80 percent, except for the interstate portion which is 90 percent, with an availability period of four years. Surface transportation program.--The ISTEA also established a new surface transportation program (STP). The STP is a block grant type program that may be used by the states and localities for any roads (including NHS) that are not functionally classified as local or rural minor collectors. These roads are now collectively referred to as federal-aid highways. Bridge projects paid for with STP funds are not restricted to federal-aid highways but may be on any public road. Transit capital projects are also eligible under this program. Once the funds are distributed to the states, each state must set aside these percentages: 10 percent for safety construction; 10 percent for transportation enhancement; 50 percent divided among areas of over 200,000 population and remaining areas of the state; and 30 percent to be used in any areas of the state. Also, areas of 5,000 population or less are guaranteed an amount based on previous secondary system funding. The federal share for the STP is 80 percent and has a four-year availability period. Interstate construction.--The designation of a 40,000-mile interstate system was authorized by Congress in 1944 to serve the needs of national defense, to link the nation's largest cities, and to connect with key Canadian and Mexican highways at suitable border points. Since 1944, the system has gradually been expanded, now encompassing 42,796 miles of designated routes. From December 31, 1992, to December 31, 1993, an additional 49 miles of the interstate system were opened to traffic. This brings the total number of miles open to traffic as of December 31, 1993, to 42,740, or 99.9 percent of the total system. In addition, the remaining 55 miles included 48 miles under construction and seven miles under design development and right-of-way acquisition. Interstate maintenance.--The Federal-Aid Highway Act of 1976 first established the resurfacing, restoration, and rehabilitation (3R) program as a means to preserve the approximately $100,000,000,000 investment in the interstate system. The Federal-Aid Highway Act of 1981 provided for enhanced emphasis on preservation with a significant increase in authorized funding levels and added a fourth ``R'', reconstruction, as an eligible type of work. ISTEA replaced the interstate 4R program with the interstate maintenance program, which continues funding of resurfacing, restoration, and rehabilitation as well as reconstruction (except addition of non-HOV lanes) and also allows funding of certain preventive maintenance activities. Bridge replacement and rehabilitation program.--This program provides for major rehabilitation as well as replacement of deficient bridges on any public road. A minimum of 15 percent must be spent for bridges not on federal-aid highways (off-system) with another 20 percent that may be spent for bridges on federal-aid highways or off-system. During fiscal year 1994, the states obligated $1.88 billion of federal highway bridge replacement and rehabilitation program funds. Total federal funds for new bridge construction and bridge rehabilitation, including bridge program funds authorized during calendar year 1994, amounted to $1.73 billion for 2,530 bridges. Highway construction safety programs.--Ten percent of the surface transportation program funds are set aside to carry out the hazard elimination and railroad-highway crossings programs. The hazard elimination program, established by section 168 of the Federal-Aid Highway Act of 1978 (now codified in 23 U.S.C. 152), is aimed at correcting high hazard locations; eliminating roadside obstacles that are hazardous to motorists or pedestrians; improving signals and pavement markings; and installing traffic control or warning devices at high or potentially high accident locations. Section 203 of the Federal-Aid Highway Act of 1973 (now codified in 23 U.S.C. 130) established the railroad-highway crossings program to reduce or eliminate potential or existing conflicts between trains and highway vehicles. Congestion mitigation and air quality improvement program.--The congestion mitigation and air quality improvement program is intended to improve air quality in non-attainment areas for ozone and carbon monoxide. A wide range of transportation activities are eligible, as long as the Department of Transportation, after consultation with EPA, determines they are likely to help meet national ambient air quality standards. If a state has no non-attainment areas (there are 12 such states currently), the funds may be used as if they were STP funds. The federal share for this program is 80 percent. Federal lands program.--The federal lands program authorizations, previously available through four categories, are now provided through three categories: Indian reservation roads, parkways and park roads, and public lands highways (incorporates the previous forest highway category). The funds are allocated on the basis of relative need. The forest highway portion of public lands highways and Indian reservation roads authorizations are allocated by administrative formula. The federal lands program has a federal share of 100 percent and an availability period of four years. Emergency relief program.--This program was established by the Hayden-Cartwright Act of 1934 and is now codified in 23 U.S.C. 125. Emergency funds are available through this program to repair roads and bridges damaged by natural disasters or catastrophic failures from external causes. Eligible facilities must be on the federal-aid highway system, including the interstate system, or federal roads. Normally each state is limited to receiving a maximum of $100,000,000 per disaster. The funding source is the highway trust fund and the federal share is 100 percent of emergency repairs done in the first 180 days after a disaster and the normal pro rata share for other necessary repairs. Highway trust fund financing mechanism The highway trust fund was originally established in the U.S. Treasury in accordance with provisions of the Highway Revenue Act of 1957, as amended (23 U.S.C. 12 note). It has been extended several times, most recently by the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102- 240). Amounts equivalent to taxes on gasoline, diesel fuel, special motor fuels, tires, commercial motor vehicles, and truck use are designated by the Act to be appropriated and transferred from the general fund of the Treasury to the trust fund. These transfers are made at least monthly on the basis of estimates by the Secretary of the Treasury, subject to adjustments in later transfers based on the amount of actual tax receipts. Amounts available in the fund in excess of outlay requirements are invested in public debt securities and interest thereon is credited to the fund. There are also credited to the fund repayable advances from the general fund, as authorized and made available by law, to meet outlay requirements in excess of available revenues during a portion of a fiscal year, if necessary. The Surface Transportation Assistance Act (STAA) of 1982 established a mass transit account within the trust fund to be funded by one-ninth of the excise tax collections under sections 4041 and 4081 of the Internal Revenue Code (26 U.S.C.) imposed after March 31, 1983. The funds from this account are used for expenditures in accordance with section 21 of the Federal Transit Act. Subsequent legislation has increased the total federal tax levied on each gallon of gasoline to 14.1 cents, of which 10 cents is applied to the highway account, 1.5 cents to the mass transit account and .1 cent to the leaking underground storage tank trust fund. The balance (2.5 cents) remains in the general fund of the Treasury. This 2.5 cents will revert to the trust fund on September 30, 1995. Amounts required for outlays to carry out the federal-aid highway program are appropriated to the Federal Highway Administration. Other charges to the trust fund are made by the Secretary of the Treasury for transfers of certain taxes to the land and water conservation fund and to the aquatic resources trust fund, for refunds of certain taxes, repayment of advances from the general fund, and for the interest on advances. The amendments to the Internal Revenue Code in the 1982 STAA related to the highway trust fund require that before an apportionment is made, the Secretary of the Treasury must determine that adequate revenues will be available to meet these expenditures within 24 months after the close of the fiscal year for which the apportionment is made. Highway trust fund spending versus receipts In recent years, there has been much discussion about alleged shortfalls in the amount spent by the federal government for highway programs compared to the amount of highway user taxes it collects. Charges have been made that highway spending has been set significantly below the level of taxes being collected in an effort to make the federal deficit seem smaller. A closer examination of expenditures and receipts shows that this is not the case. As can be seen from the table in this section, total highway trust fund (highway account) outlays have exceeded trust fund tax receipts in 14 of the 20 years since 1976. Because of this, the federal-aid highway program has contributed roughly $20,394,000,000 to the budget deficit during this time period. Part of the confusion results from a failure to distinguish between the unexpended and unobligated balances in the trust fund. For example, there will be an estimated $7,900,000,000 cash balance in the highway trust fund's highway account at the end of fiscal year 1994. Following is a description of this situation contained in a May 1989 GAO report: According to FHWA, the balance in the Highway Account has often been misunderstood, with many believing that the balance represents excess cash that will not be needed to pay commitments. This view, however, is not an accurate portrayal of the Highway Account balance since these funds are, in fact, needed to pay outstanding commitments. It should also be noted that the Highway Trust Fund exists only as an accounting record. User taxes are actually deposited in the U.S Treasury and amounts equivalent to these taxes are transferred to the Trust Fund, as needed. How the Trust Fund functions becomes clearer when it is compared with an individual's charge account. For discussion purposes, assume that an individual has $1,000 in cash from previous monthly paychecks but also has outstanding charges amounting to over $1,500. In this case, the $1,000 in cash cannot be considered excess because it is needed to pay the incoming charges. On the other hand, the individual is also not in a deficit situation since at the end of the month his or her $900 paycheck will be available to help pay the outstanding charges. This scenario is repeated in each succeeding month. Thus, the cash the individual has on-hand plus a future paycheck helps to ensure there will be sufficient funds to pay all outstanding charges. Similarly, according to FHWA Office of Policy Development data, the Highway Account had a balance of $9 billion at the end of fiscal year 1988, which is analogous to the $1,000 cash- on-hand. At the same time, these FHWA data show that unpaid commitments (charge account balance) amounted to almost $31 billion; $22 billion more than the account balance. This situation, however, is acceptable under a reimbursable system because, although commitments to make payment have been made, payment is not made until the states submit actual bills for completed work at a later date. In the interim, revenues, like the individual's paycheck in the previous example, continue to accrue in the Highway Account. The Committee also notes that cumulative highway account tax receipts since 1957 are expected to total approximately $297 billion and cumulative highway outlays are expected to total approximately $309 billion by the end of fiscal year 1995. The principal reason for the current cash balance is the interest paid to the fund from the general fund of the Treasury. These intragovernmental transfers from the general fund to the trust fund have exceeded $19 billion since the highway trust fund was established in 1957. However, such transfers have no effect on the federal deficit. This mechanism is explained in a February 1990 Congressional Research Service report as follows: While specific taxes and premiums are often levied on segments of the population to help cover a trust fund program's expenditures, trust funds also receive ``income'' from the government--i.e., ``credit'' from one government account to another--or what in essence is paper income. No economic resources are moved, no actual money collected. Following is a table of federal highway trust fund spending compared to receipts for fiscal years 1976 to 1995: HIGHWAY ACCOUNT OF THE HIGHWAY TRUST FUND [In millions of dollars] ---------------------------------------------------------------------------------------------------------------- Fiscal year Outlays Income Tax revenue Interest Cash balance ---------------------------------------------------------------------------------------------------------------- 1976............................ $6,521 $6,000 $5,413 $587 $9,077 TQ.............................. 1,758 1,689 1,676 13 9,009 1977............................ 6,147 7,302 6,709 593 10,164 1978............................ 6,058 7,567 6,904 662 11,673 1979............................ 7,154 8,046 7,189 857 12,564 1980............................ 9,212 7,647 6,620 1,027 10,999 1981............................ 9,174 7,434 6,305 1,129 9,259 1982............................ 8,035 7,822 6,744 1,079 9,046 1983............................ 8,838 8,853 7,777 1,076 9,062 1984............................ 10,384 11,533 10,507 1,027 10,210 1985............................ 12,756 12,908 11,801 1,106 10,362 1986............................ 14,180 13,304 12,250 1,054 9,486 1987............................ 12,802 12,727 11,793 934 9,412 1988............................ 14,038 13,645 12,836 809 9,019 1989............................ 13,602 15,134 14,358 776 10,551 1990............................ 14,375 13,453 12,472 981 9,629 1991............................ 14,686 15,303 14,494 810 10,246 1992............................ 15,518 16,572 15,664 908 11,300 1993............................ 16,641 16,864 16,046 817 11,523 1994............................ 19,011 15,414 14,660 754 7,926 1995 estimate................... 19,622 18,404 17,898 505 6,708 ------------------------------------------------------------------------------- Total..................... 240,512 237,623 220,118 17,506 ---------------------------------------------------------------------------------------------------------------- Source: 1976 and later Presidents' Budgets. Limitation on obligations The accompanying bill includes language limiting fiscal year 1996 federal-aid highway obligations to $18,000,000,000, which represents an increase of $840,000,000 above the fiscal year 1995 level. An additional $2,311,932,000 is estimated to be obligated for federal-aid highways programs exempt from the obligation limitation in the bill. This compares with exemptions of $2,267,701,000 in fiscal year 1995. Therefore, total fiscal year 1996 obligations for federal-aid highways will be $20,311,932,000, an increase of $884,231,000 more than fiscal year 1995. The Committee has denied the administration's request to place all programs currently exempt from the obligation limitation (with the exception of emergency relief) under the limitation. A tabular summary of the programs exempt from the obligation limitation follows: ------------------------------------------------------------------------ Program 1995 enacted 1996 proposed Recommended ------------------------------------------------------------------------ Emergency relief........ $100,000,000 ................. $100,000,000 Minimum allocation.... 1,186,532,000 ................. 1,220,255,000 ISTEA demos.... 735,366,000 ................. 738,490,000 Bonus limitations... 180,000,000 ................. 208,000,000 Other programs. 65,803,000 ................. 45,187,000 -------------------------------------------------------- Total.... 2,267,701,000 (\1\) 2,311,932,000 ------------------------------------------------------------------------ \1\ The President's budget proposed to consolidate these programs into the Unified Transportation Infrastructure Investment program. Although the following table reflects an estimated distribution of obligations by program category, the bill includes a limitation applicable only to the total of certain federal-aid highways spending. FEDERAL-AID HIGHWAYS PROGRAM ESTIMATED OBLIGATIONS [In thousands of dollars] ------------------------------------------------------------------------ Fiscal year-- Program ----------------------------------------- 1995 enacted 1996 request 1996 House ------------------------------------------------------------------------ Subject to limitation: National highway system... $3,186,721 (1) $3,383,150 Surface trans. prog....... 4,402,116 (1) 4,733,993 Bridge program............ 2,445,602 (1) 2,596,568 Interstate completion..... 1,575,404 ............ ............ Interstate maintenance.... 2,580,190 (1) 2,738,472 Interstate substitutions.. 212,507 ............ ............ Interstate system reimb... ............ (1) 1,879,528 Cong. mit./air quality impr..................... 910,239 (1) 967,017 Congestion relief init.... ............ ............ ............ Donor state bonus......... 455,119 (1) 483,039 Intelligent veh. hwy sys.. 133,000 (1) 111,210 Federal lands............. 448,000 (1) 348,432 Admin. and research....... 735,281 (1) 580,849 Miscellaneous programs.... 75,821 (1) 177,742 Minimum allocation........ ............ (1) ............ P.L. 102-240 demos........ ............ 200,000 ............ ----------------------------------------- Subtotal, limitation.... 17,160,000 200,000 18,000,000 ----------------------------------------- Exemption from limitation: Emergency relief: 100,000 ............ 100,000 Regular program....... (174,837) ............ (100,000) Midwest flood......... (25,973) ............ ............ CA earthquake......... (177,496) ............ ............ Minimum allocation........ 1,186,532 ............ 1,220,255 Bonus limitation.......... 180,000 ............ 208,000 P.L. 102-240 and other demos.................... 801,169 ............ 783,677 ----------------------------------------- Subtotal, exempt........ 2,267,701 (1) 2,311,932 ========================================= Grand total, Federal-aid 19,427,701 200,000 \1\ 20,311,932 ------------------------------------------------------------------------ \1\ The President's budget proposed to consolidate these programs into the Unified Transportation Infrastructure Investment program. A list of the federal highway programs under the limitation follows: Interstate Construction. Interstate Maintenance. Interstate Gap Closing. Interstate 4R. Interstate Discretionary--Construction. Interstate Discretionary--4R Maryland. Interstate Discretionary--4R. Interstate Substitution--Apportioned. Interstate Substitution--Discretionary. Rail-Highway Crossings on Any Public Road. Hazard Elimination. Combined Road Plan. Consolidated Primary. Rural Secondary. Urban System. Highway Planning and Research. Public Lands. Indian Reservation Roads. Parkways and Park Highways. Forest Highways. Special Urban High Density. Special Bridge Replacement. Bridge Replacement and Rehabilitation--Apportioned, Discretionary, and Talmadge Bridge. Franconia Notch. Bypass Highway Demonstration. Urgent Supplemental Bridges. Los Angeles Freight Transportation Demo, CA-131(a). Baton Rouge Interchange Congestion, Demo, LA-131. Louisville Primary Connector Accel. Demo, KY-131(e). Vermont Certification Demo-131(f). Devils Lake Erosion Demo, ND-131(g). Bridge Over Intracoastal Waterway Demo, FL-131(h). Idaho Truck Safety/Railroad Elimination Demo-131(i). Acosta Bridge, Florida. Administration. Studies (Sections 158, 159, 164 & 165 under P.L. 100-17). Demonstration Projects--149(d). Strategic Highway Research Program. Operation Lifesaver. Congestion Pricing Pilot. National Highway System. Bridge Rehabilitation and Replacement. Surface Transportation Program. Interstate Substitution. Congestion Mitigation and Air Quality. Donor State Bonus. Metropolitan Planning. Apportionment Adjustment. Model Intermodal Transportation Plans. Transportation Assistance Program. Seismic Research and Development. Fundamental Properties of Asphalt. Eisenhower Transportation Fellowship. Timber Bridge Research and Demonstration. Intelligent Vehicle Highway Systems. Ferry Boat Construction. Bureau of Transportation Statistics. University Transportation Centers. University Research Institute. Scenic Byways Technical Assistance. Scenic Byways Interim Program. Tax Evasion Project. Safety Belt/Helmet Incentive Grants. Alcohol Impaired Driving Countermeasures. International Truck Registry Uniformity. Applied Research and Development Program. Border Crossings. Infrastructure Investment Commission. High Speed Rail Corridor Crossings. Administration of obligation limitation.--The bill includes language regarding the administration of this obligation limitation. The provision provides for an equitable distribution of the available obligational authority based upon the funds apportioned by legislative or administrative formula and upon funds allocated without a formula. In making such a distribution, it is intended that discretionary and other non- formula fund allocations also be considered in the distribution of obligational authority. If these allocations are unknown at the time obligational authority is initially made available to the states, an estimated fair proportion of obligational authority should be reserved for distribution at the appropriate time. Under the provision, total first quarter obligations are limited to 12 percent, sufficient authority is provided to prevent lapses, funds are to be redistributed after August 1, 1996, and amounts authorized for administrative expenses, the federal lands program, the intelligent vehicle highway systems program, and amounts made available under sections 1040, 1047, 1064, 6001, 6005, 6006, 6023 and 6024 of Public Law 102-240 are not to be distributed. The Committee believes that there is adequate legislative history with respect to the intentions of the Congress in enacting annual limitations on obligations. The Committee is reiterating, however, the language on pages 25 and 26 of House Report 94-1221 stating that this limitation should not be used by the Secretary as discretionary authority to distort the priorities established in federal highway legislation. The Committee expects the Secretary to control obligations in accordance with Congressional intent and directs that the Department of Transportation continue to provide on a monthly basis a report on the cumulative amount of obligations by state for each program in the federal-aid highways and highway safety construction program categories. This report should include the amount of unobligated contract authority available to each state for each program, as well as a complete description of any actions taken by the department or the Office of Management and Budget for the purpose of complying with this obligation limitation. intelligent transportation systems The Committee directs the Federal Highway Administration to distribute funds for intelligent transportation systems to the following programs: I-10 Mobile, Alabama Causeway........................... $4,000,000 Hazardous materials fleet management and monitoring system (NIER)....................................... 5,000,000 Green light CVO project, Oregon......................... 6,000,000 Capital Beltway......................................... 6,000,000 Houston, Texas.......................................... 2,400,000 Syracuse, New York congestion management................ 3,000,000 I-95 Corridor........................................... 7,000,000 University of Texas at El Paso.......................... 1,000,000 Johnson City, Tennessee................................. 3,000,000 Texas Transportation Institute.......................... 600,000 University of North Dakota.............................. 1,000,000 I-675/SR 844/Col. Glenn, Fairborn, Ohio................. 1,000,000 1996 Paralympic Games.--The Federal Highway Administration is urged to give serious consideration to demonstrating an individualized routing system to maximize the ability of people with disabilities to move about independently during the Paralympic Games in Atlanta in 1996. Capital Beltway.--The Committee has included $6,000,000 for ITS technologies to manage traffic and improve safety in the highly congested corridor of the Capital Beltway. The FHWA is directed to work with the Departments of Transportation of the states of Maryland and Virginia to implement the recommendations of the Capital Beltway Safety Task Force. Of the funds provided, each State shall receive fifty percent of the amount allocated. Transportation center at the University of Texas at El Paso.--The Committee recommends an appropriation of $1,000,000 for an intermodal transportation center in El Paso, Texas to enhance the implementation of a national, coordinated transportation system to help both public and private sectors benefit from the North American Free Trade Agreement (NAFTA). The El Paso, Texas-Long Island, New York consortium shall work in tandem with the Department's Office of Intermodalism and other federal agencies to provide objective, technology-based intermodal transportation data to the private sector; to border communities on both the Northern and Southwest borders; to state, local and federal government policy makers, and small businesses to maximize the opportunities for the movement of U.S. goods and services to new markets in Mexico. The Committee believes that this innovative program will improve coordination of all modes of transportation in the border regions, and will contribute to the successful implementation of the NAFTA. Texas Transportation Institute.--The Committee has provided $600,000 for the Texas Transportation Institute. These funds are available for a public/private partnership to establish an intelligent systems laboratory to develop advanced ITS technologies and systems. estimated fiscal year 1996 obligation limitation The following table portrays estimated 1996 activity by state for the Federal-aid highways program under the obligation limitation recommended in the bill: State Estimated distribution Alabama................................................. $275,293,952 Alaska.................................................. 221,506,568 Arizona................................................. 202,521,862 Arkansas................................................ 168,457,145 California.............................................. 1,341,607,447 Colorado................................................ 194,700,464 Connecticut............................................. 338,435,718 Delaware................................................ 71,404,595 District of Columbia.................................... 92,768,938 Florida................................................. 540,061,668 Georgia................................................. 427,104,457 Hawaii.................................................. 115,984,210 Idaho................................................... 121,936,644 Illinois................................................ 619,062,161 Indiana................................................. 318,614,447 Iowa.................................................... 210,421,345 Kansas.................................................. 197,828,586 Kentucky................................................ 233,416,658 Louisiana............................................... 253,299,075 Maine................................................... 86,544,391 Maryland................................................ 342,118,235 Massachusetts........................................... 762,163,236 Michigan................................................ 407,370,546 Minnesota............................................... 276,965,432 Mississippi............................................. 179,517,826 Missouri................................................ 340,728,428 Montana................................................. 168,128,809 Nebraska................................................ 135,741,938 Nevada.................................................. 107,505,883 New Hampshire........................................... 82,335,897 New Jersey.............................................. 516,266,178 New Mexico.............................................. 183,182,908 New York................................................ 935,774,705 North Carolina.......................................... 393,434,371 North Dakota............................................ 107,594,582 Ohio.................................................... 598,461,979 Oklahoma................................................ 215,675,133 Oregon.................................................. 206,448,429 Pennsylvania............................................ 859,709,531 Rhode Island............................................ 99,872,134 South Carolina.......................................... 183,188,956 South Dakota............................................ 121,810,368 Tennessee............................................... 328,448,015 Texas................................................... 1,001,945,443 Utah.................................................... 129,015,216 Vermont................................................. 76,539,424 Virginia................................................ 366,914,838 Washington.............................................. 230,422,867 West Virginia........................................... 164,185,070 Wisconsin............................................... 282,648,816 Wyoming................................................. 111,402,471 Puerto Rico............................................. 78,681,608 -------------------------------------------------------- ____________________________________________________ Subtotal.......................................... 16,025,169,607 Administration.......................................... 520,825,507 Federal Lands........................................... 348,432,000 Allocation reserve...................................... 1,105,572,886 -------------------------------------------------------- ____________________________________________________ Total............................................. 18,000,000,000 Congestion relief and mitigation projects.--The Committee has not funded a new program, the congestion relief and mitigation program, as requested in the budget. The program appears to extend the ITS program from the Intelligent Vehicle- Highway System's Act's intent of researching and testing promising technologies, such as traveler information systems. The initiative also departs from the ITS program goals of allowing the commercial deployment of ITS technologies to occur based on state and local government's needs. Furthermore, should states determine that congestion mitigation projects are desired, additional resources have been provided under the surface transportation program and congestion mitigation/air quality program. Symms National Recreational Trails Act.--The Committee does not recommend that $30,000,000 be set-aside from the federal- aid highway obligation limitation to fund the Symms National Recreational Trails Act. Right-of-Way Revolving Fund (limitation on direct loans) (highway trust fund) Limitation, fiscal year 1995............................ ($42,500,000) Budget estimate, fiscal year 1996............(.........................) Recommended in the bill......................(.........................) Bill compared with: Limitation, fiscal year 1995........................ (-42,500,000) Budget estimate, fiscal year 1996........(.........................) The Federal-Aid Highway Act of 1968 authorized $300,000,000 for the establishment of a right-of-way revolving fund. The fund is used to make interest-free cash advances to the states for the purpose of purchasing right-of-way parcels in advance of highway construction and thereby preventing the inflation of land prices from causing a significant increase in construction costs. The initial legislation for this program required the states to construct the highway and reimburse the revolving fund within seven years from the date of the advance. This provision was necessary to assure that the fund would be replenished and allow advances to be made to other states requiring right-of-way acquisition. Since the 1968 Act, the 1973 Highway Act extended the required time limit for construction to ten years and the 1976 Highway Act extended the time limit indefinitely, if deemed necessary by the Secretary. When right-of-way acquisition has been made and highway construction is initiated, the state becomes eligible for federal grants under the various federal-aid highways programs. At the point when progress payments are made to the state for construction, the state in turn reimburses the revolving fund for advances made to the state for right-of-way acquisition. Using this method of funding, all reimbursements made to the revolving fund may be reallocated to other states requiring advances. The Committee recommends that the program be terminated in 1996, as requested in the budget. The program will continue, however, to be shown for reporting purposes as balances remain outstanding. Like the budget request, a prohibition on further obligations is recommended for 1996. Motor Carrier Safety Grants (Liquidation of Contract Authorization) (Highway Trust Fund) Liquidation of contract Limitation on authorization obligations Appropriation, fiscal year 1995....................... ($73,000,000) ($74,000,000) Budget estimate, fiscal year 1996....................... (68,000,000) (85,000,000) Recommended in the bill..... (68,000,000) (79,150,000) Bill compared with: Appropriation, fiscal year 1995.............. (-5,000,000) (+5,150,000) Budget estimate, fiscal year 1996.............. (................... .) (-5,850,000) The motor carrier safety grants program is intended to assist states in developing or implementing national programs for the uniform enforcement of federal and state rules and regulations concerning motor safety. The major objective of this program is to reduce the number and severity of accidents involving commercial motor vehicles. Grants are made to qualified states for the development of programs to enforce the federal motor carrier safety and hazardous materials regulations and the Commercial Motor Vehicle Safety Act of 1986. The basic program is targeted at roadside vehicle safety inspections of both interstate and intrastate commercial motor vehicle traffic. The Committee recommends the budget request of $68,000,000 in liquidating cash for this program. limitation on obligations The Committee recommends a $79,150,000 limitation on obligations for motor carrier safety grants. This provides an increase of $5,150,000 over the 1995 level and a decrease of $5,850,000 below the budget request. The recommendation provides the following allocation among MCSAP activities: MOTOR CARRIER SAFETY GRANTS ------------------------------------------------------------------------ Fiscal year-- -------------------------------------------------- Recommended in 1995 enacted 1996 request the bill ------------------------------------------------------------------------ Basic grants to states.............. $55,550,000 $62,800,000 $60,000,000 Traffic enforcement.. 6,375,000 7,000,000 6,875,000 Hazardous materials training............ 1,500,000 1,500,000 1,500,000 Research and development......... 500,000 775,000 500,000 Public education..... 850,000 850,000 850,000 CDL enforcement...... 1,000,000 1,000,000 1,000,000 Truck and bus accidents........... 1,500,000 2,000,000 1,750,000 Uniformity grants.... 3,450,000 5,000,000 3,800,000 Uniformity working groups.............. 450,000 1,000,000 450,000 Commercial vehicle information system.. 1,500,000 2,000,000 1,500,000 Drug interdiction assistance program \1\................. 500,000 ............... ........... ............... .......... Administrative expenses............ 825,000 1,063,000 875,000 -------------------------------------------------- Total.......... 74,000,000 85,000,000 79,150,000 ------------------------------------------------------------------------ \1\ Drug interdiction assistance is an eligible activity under the basic grants to states. committee recommendations Basic grants.--The Committee recommends $60,000,000 for motor carrier basic grants to the states, an increase of $4,450,000 over the fiscal year 1995 level and a decrease of $2,800,000 below the budget request. The Committee believes that the recommended amount will allow states to improve on the current level of roadside inspection programs, while taking into account normal inflationary costs. The office of motor carriers is also encouraging states to develop a more comprehensive program, including participating in drug interdiction activities. The increased funding should allow states to incorporate both of these activities. Reallocation funds.--Under MCSAP, funds not fully utilized by some states are available for reallocation to other states for high priority needs. The Committee directs that not less than $750,000 of those funds available for reallocation in fiscal year 1996 be for covert operations and other enforcement projects to ensure correction of out-of-service violations. Data supplied to the Committee by the office of motor carriers indicated that in fiscal year 1994, about 24 percent of all vehicles and 8 percent of all drivers are placed out-of-service for serious safety problems as a result of MCSAP inspections. Compared to fiscal year 1993, the percent of vehicles being placed out-of-service is declining; however, the percent of drivers is increasing. Correction of these safety deficiencies still remains a substantial problem, especially in the driver area. The Committee strongly urges the office of motor carriers to ensure that these funds are used to support covert operations in addition to those originally planned in each state's enforcement plan. The Committee directs that not less than $750,000 of the MCSAP funds available for reallocation be provided to states sharing a common border with Mexico. The motor carrier enforcement resources of these states will need to ensure the safety of a substantially increased flow of commercial vehicle traffic resulting from the North American Free Trade Agreement. The administrator shall ensure that these funds are made available before December 17, 1995. Performance-based grants.--The Committee notes that while many states have significantly improved their programs since the inception of MCSAP, 18 states and territories still do not operate comprehensive programs that offer the significant potential to reduce commercial vehicle crashes and related fatalities. The Committee believes that a comprehensive MCSAP program should include roadside enforcement, compliance reviews, traffic enforcement, hazardous materials training, drug and alcohol enforcement, verification of out-of-service repairs, including covert operations, and a fully-implemented SAFETYNET program. In the House report accompanying the fiscal year 1995 Department of Transportation Appropriations Act, the Committee directed the office of motor carriers to submit a report to the House and Senate Appropriations Committees by March 1, 1995 that discusses the feasibility of awarding a portion of the MCSAP basic grant funding to the states based on the achievement of certain performance criteria. The House has yet to receive this report. The Committee continues to believe that further increases in MCSAP basic grant funding should be contingent upon states meeting predetermined performance outcomes. Examples of such performance outcomes include conducting a targeted number of roadside inspections, conducting a required percentage of Level 1 inspections, expanding the locations where traffic enforcement is conducted, or increasing the proportion of reinspections to assure correction of out-of-service violations. The Committee directs the office of motor carriers to issue this report as soon as possible. Traffic enforcement.--The Committee recommends $6,875,000 for traffic enforcement. This is an increase of $500,000 over fiscal year 1995 but $125,000 less than requested. Traffic enforcement is a strategy that identifies thousands of drivers each year that are in violation of duty status regulations (hours of service) or other driver specific requirements. Furthermore, money for traffic enforcement also addresses a major cause of truck-involved crashes, namely violations of the rules of the road, such as speeding and improper lane changes. Recently, the American Association of Motor Vehicle Administrators (AAMVA) issued a statement noting that in 23 states, there were over 30,700 speeding citations and 23,300 following-too-closely citations against commercial vehicle drivers. Research and development.--The Committee recommends holding research and development at the 1995 enacted level due to budget constraints. This is a decrease of $225,000 from the 1996 requested level. Truck and bus accident data.--The Committee recommends $1,750,000, an increase of $250,000 over the fiscal year 1995 level, for grants to assist states in improving truck and bus accident data. Funds for the truck and bus accident grant program are primarily used for the training of state and local law enforcement officers to improve their ability to collect much needed statistics on crashes involving commercial motor vehicles. These grants are also used to facilitate the uploading of crash data from states currently participating in the SAFETYNET accident module. Twenty three states and American Samoa now consistently upload all 22 of the National Governors' Association (NGA) truck and bus accident data elements to the Federal Highway Administration's SAFETYNET system; and another 23 states upload some of the NGA data elements. The additional funds could either help increase the number of states that use the SAFETYNET accident module or help states find ways to enter data more rapidly. The office of motor carriers plans on having the SAFETYNET system operating nationwide (for interstate carriers) by mid-1997. In last year's House report, the Committee requested that the Federal Highway Administration, in consultation with the National Highway Traffic Safety Administration, submit a report to the House and Senate Committees on Appropriations by March 1, 1995 that discusses the progress being made in improving federal and state truck and bus accident data systems. The Committee is very disappointed that it has not yet received this report and requests that it be expedited. This report will be a keystone in helping this Committee determine future limitations on obligations for truck and bus accident programs. Uniformity grants.--The Committee recommends $3,800,000 for the uniformity grants program. This is an increase of $350,000 over the 1995 enacted level but $1,150,000 less than requested by the administration. This funding will provide direct grants to states to comply with the requirements of the International Fuel Tax Agreement (IFTA) and the International Registration Program (IRP), by the end of fiscal year 1996 as required by section 4008 of the Intermodal Surface Transportation Efficiency Act. Specifically, the Act allows a motor carrier to register all or part of a fleet in one state instead of multiple states for the purpose of fuel use tax reporting. With only 1\1/2\ years left, 3 states have not joined IRP and 10 states need to come into IFTA. Five states belong to regional fuel tax agreements and are exempt from belonging to IFTA. Considerable technical assistance, training, and data processing needs must be met. The federal funds will supplement some of the expenses that the states incur. Uniformity grants working group.--The Committee recommends holding the uniformity grants working group at the fiscal year 1995 level, which is $550,000 less than requested, because the requested increase for funding is not well justified. Holding this program to the 1995 enacted level of $450,000 should be sufficient to ensure an effective operation of the base working group. Commercial vehicle information system.--The Committee recommendation includes $1,500,000 for commercial vehicle information system (CVIS) implementation, which is the same amount provided in fiscal year 1995 but a reduction of $500,000 below the budget request. The Committee notes that this activity is receiving a sizable infusion of funding through the Federal Highway Administration's commercial vehicle operations component of the intelligent transportation system program. The recommended funds will support the development and pilot testing of CVIS in the states participating in this project. Administrative expenses.--The Committee recommends increasing the funds available for administrative expenses to $875,000, which is $50,000 more than appropriated in 1995 but $188,000 less than requested. The administrative takedown largely covers the costs of training purposes, equipment, and printing of materials, such as the Roadcheck pamphlets and newsletters. The Committee believes that a six percent increase in obligations is sufficient. Hours-of-service.--The Committee is aware of an ongoing rulemaking that considers altering the restrictions on the ``hours of service''. This rulemaking is considering whether farmers and agricultural suppliers could be exempt from the maximum driving and on-duty time limitations, when transporting agricultural commodities or farm supplies within a 50 mile radius. Currently, the ``hours of service'' regulation, found in 49 Code of Federal Regulations, Part 395, contains three basic rules which apply to maximum allowable driving time. They are: (1) no driver shall drive more than 10 hours following 8 consecutive hours off, (2) no driver shall drive after having been on duty 15 hours following 8 consecutive hours off, and (3) no driver shall drive after having been on duty 60 hours in any 7 consecutive day period or 70 hours in any 8 consecutive day period. Farmers and agricultural suppliers must abide by these rules, even though some other drivers are exempt. For example, local retail drivers are exempt during the Christmas holidays. The Committee notes that, during crop planting and harvesting seasons, farmers and agricultural suppliers face a situation similar to that of local retail drivers during the holiday season. The Committee directs the office of motor carriers to consider carefully the issue and promulgate the rule soon as possible, preferably before the 1995 harvest season. Surface Transportation Projects Appropriation, fiscal year 1995......................... $352,055,000 Budget estimate, fiscal year 1996....................................... Recommended in the bill................................................. Bill compared with: Appropriation, fiscal year 1995..................... -352,055,000 Budget estimate, fiscal year 1996................................... The Committee recommends no appropriations for surface transportation projects, more commonly referred to as demonstration projects. Rather than making scarce federal resources available for specific earmarked projects, the Committee has rolled back $352,055,000 into the federal-aid highway obligation limitation and increased further the obligation limitation over the levels contained in Public Law 103-331. The Committee's recommendation will enable the states to determine the best expenditure of limited highway expenditures, will lead to greater cost efficiencies, improve highway planning and management, and provide greater equity among all states. The American Association of State Highway and Transportation Officials (AASHTO) has stated that, no matter how meritorious demonstration projects may be, ``the fact that they are outside the program mainstream * * * skews funding and disrupts funding priority * * * the ongoing drain of these projects * * * is significant and should not continue.'' The need for transportation projects should be and is best determined through a state and regional planning process, which includes the identification of potential federal and state funding sources for projects planned within the next one to three years. The General Accounting Office has concluded that often times special demonstration projects are not included in any state or regional transportation plans or, if they are included, they are included without any identified funding. Furthermore, demonstration projects typically have not been considered by state and regional transportation officials as critical to their transportation needs, and as a result, funds made available for these projects often go unspent for many years. Projects languish in early development or never get started at all, depriving others that are ready-to-go and limiting the overall Federal-aid program. The following table displays the 1995 obligation limitation distributed by state, the amount of appropriations provided to each state for specific highway demonstration projects in 1995, the amount each state will receive under the 1996 obligation limitation, and the difference between 1995 and 1996: ---------------------------------------------------------------------------------------------------------------- FY 1995 FAH FY 1995 Appr. Total FY 1995 Est. FY 1996 FAH FY 1995/FY 1996 State limitation demos distribution limitation difference ---------------------------------------------------------------------------------------------------------------- Alabama............... $258,165,555 $5,650,000 $263,815,555 $275,293.052 $11,478,397 Alaska................ 207,830,381 ................ 207,830,381 221,506,568 13,676,187 Arizona............... 189,969,436 2,000,000 191,969,436 202,521,862 10,552,426 Arkansas.............. 158,004,797 10,150,000 168,154,797 168,457,145 302,348 California............ 1,258,423,359 12,503,000 1,270,926,359 1,341,607,447 70,681,088 Colorado.............. 182,670,708 ................ 182,670,708 194,700,464 12,029,756 Connecticut........... 317,532,042 668,000 318,200,042 338,435,718 20,235,676 Delaware.............. 66,993,309 ................ 66,993,309 71,404,595 4,411,286 Dist. of Columbia..... 87,038,323 ................ 87,038,323 92,768,938 5,730,615 Florida............... 506,550,460 8,168,000 514,718,460 540,061,868 25,343,208 Georgia............... 400,620,042 3,850,000 404,470,042 427,104,457 22,634,415 Hawaii................ 108,820,384 3,500,000 112,320,384 115,984,210 3,663,826 Idaho................. 114,407,151 ................ 114,407,151 121,936,644 7,529,493 Illinois.............. 580,816,882 2,800,000 583,616,882 619,062,161 35,445,279 Indiana............... 298,701,740 14,125,000 312,826,740 318,614,447 5,787,707 Iowa.................. 197,428,280 17,376,000 214,804,280 210,421,345 -4,382,935 Kansas................ 185,612,947 3,600,000 189,212,947 197,838,586 8,615,639 Kentucky.............. 218,857,951 17,550,000 236,407,951 233,416,658 -2,991,293 Louisiana............. 237,592,383 11,500,000 249,092,383 253,299,075 4,206,692 Maine................. 81,198,504 ................ 81,198,504 86,544,391 5,345,887 Maryland.............. 320,982,585 13,000,000 333,982,585 342,118,235 8,135,650 Massachusetts......... 715,092,872 ................ 715,092,872 762,163,236 47,070,364 Michigan.............. 382,007,459 46,463,000 428,470,459 407,370,546 -21,099,913 Minnesota............. 259,861,866 4,625,000 264,486,866 276,965,432 12,478,566 Mississippi........... 168,393,923 2,900,000 171,293,923 179,517,826 8,223,903 Missouri.............. 319,550,558 2,953,000 322,503,558 340,728,438 18,224,870 Montana............... 157,748,214 500,000 158,248,214 168,128,809 9,880,595 Nebraska.............. 127,358,354 2,000,000 129,358,354 135,741,938 6,383,584 Nevada................ 100,865,181 7,975,000 108,480,181 107,505,883 -1,334,298 New Hampshire......... 77,249,674 ................ 77,249,674 82,335,897 5,086,223 New Jersey............ 484,366,841 24,000,000 508,366,841 516,266,178 7,899,337 New Mexico............ 171,874,396 10,300,000 182,174,396 183,182,908 1,008,512 New York.............. 877,945,910 4,050,000 881,995,910 935,774,705 53,778,795 North Carolina........ 369,054,372 11,250,000 380,304,372 393,434,371 13,129,999 North Dakota.......... 100,949,670 ................ 100,949,670 107,594,582 6,644,921 Ohio.................. 561,090,014 6,462,000 567,552,014 598,461,979 30,909,965 Oklahoma.............. 202,311,858 ................ 202,311,858 215,675,133 13,363,275 Oregon................ 193,697,344 2,500,000 196,197,344 206,448,429 10,251,085 Pennsylvania.......... 806,605,093 22,029,000 828,634,093 859,709,531 31,075,438 Rhode Island.......... 93,702,999 ................ 93,702,999 99,872,134 6,169,135 South Carolina........ 171,873,784 ................ 171,873,784 183,188,956 11,315,172 South Dakota.......... 114,288,193 2,000,000 116,288,183 121,810,368 5,522,175 Tennessee............. 308,050,243 1,000,000 309,050,243 328,448,015 19,397,772 Texas................. 939,798,012 14,000,000 953,798,012 1,001,945,443 48,147,431 Utah.................. 121,045,662 3,000,000 124,045,662 129,015,216 4,969,554 Vermont............... 71,811,156 ................ 71,811,156 76,539,424 4,728,268 Virginia.............. 344,247,331 7,300,000 351,547,331 366,914,838 15,367,507 Washington............ 216,184,320 6,308,000 222,492,320 230,422,867 7,930,547 West Virginia......... 154,045,529 44,000,000 198,045,529 164,185,070 -33,860,459 Wisconsin............. 265,097,654 ................ 265,097,654 282,648,816 17,551,162 Wyoming............... 104,522,012 ................ 104,522,012 111,402,471 6,880,459 Puerto Rico........... 73,815,400 ................ 73,815,400 78,681,608 4,866,208 ----------------------------------------------------------------------------------------- Subtotal........ 15,032,723,113 352,055,000 15,384,778,113 16,025,169,607 640,391,494 Administration........ 573,704,000 ................ 570,159,000 520,825,507 -49,333,493 Federal Lands......... 448,000,000 ................ 448,000,000 348,432,000 -99,568,000 Allocation Reserve.... 1,105,572,887 ................ 1,105,572,887 \2\ 1,105,572,88 6 \1\ ----------------------------------------------------------------------------------------- Total........... \1\ 17,160,000,0 00 352,055,000 17,508,510,000 18,000,000,000 491,490,000 ---------------------------------------------------------------------------------------------------------------- \1\ The Federal aid obligation limitation for FY 1995 was reduced by $3.545 million in accordance with sections 323, 330 and 331 of P.L. 103-331. \2\ This estimate is the amount set aside for FY 1996; it does not reflect any reductions that may result from section 1003(c) of P.L. 102-240. Note.--The FY 1996 state distribution estimated above is based on the actual FY 1995 distribution. It is the Committee's expectation that each state will provide the sufficient resources from its federal-aid program to continue or complete the planning, design or construction of any project that has received categorical funding in the past. The Committee directs the Federal Highway Administration to assist each state in identifying the highway projects that have received previous appropriations. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION Summary of Fiscal Year 1996 Program The National Highway Traffic Safety Administration (NHTSA) was established as a separate organizational entity in the Department of Transportation in March 1970. It succeeded the National Highway Safety Bureau, which previously had administered traffic and highway safety functions as an organizational unit of the Federal Highway Administration. NHTSA's programs currently are authorized under three major laws: (1) the National Traffic and Motor Vehicle Safety Act; (2) Chapter 4 of title 23, United States Code; and (3) the Motor Vehicle Information and Cost Savings Act (MVICS). The first law provides for the establishment and enforcement of safety standards for vehicles and associated equipment and the conduct of supporting research, including the acquisition of required testing facilities and the operation of the national driver register (NDR). Discrete authorizations were subsequently established for the NDR under the National Driver Register Act of 1982. Title 23 U.S.C. chapter 4 provides for coordinated national highway safety programs (section 402) to be carried out with the states together with supporting highway safety research, development, and demonstration programs (section 403). The Anti-Drug Abuse Act of 1988 (Public Law 100-690) authorized a new drunk driving prevention program (section 410) to make grants to states to implement and enforce drunk driving prevention programs. The Intermodal Surface Transportation Efficiency Act of 1991 included amendments to title 23. It reauthorized section 402 formula grants, provided for modified section 410 alcohol- impaired driving countermeasures grants, and authorized new section 153 safety belt and motorcycle helmet grants. Section 153(j) grants were concluded in fiscal year 1994 and replaced by section 153(h) sanction provisions. ISTEA also authorized additional funding for the national driver register and for an expanded drug recognition expert training program. The third law (MVICS) provides for the establishment of low-speed collision bumper standards, consumer information activities, diagnostic inspection demonstration projects, automobile content labeling, and odometer regulations. An amendment to this law established the Secretary's responsibility, which was delegated to NHTSA, for the administration of mandatory automotive fuel economy standards. A 1992 amendment to the MVICS established automobile content labeling requirements. The Committee recommends new budget authority and obligation limitations for a total program level of $278,728,500 for NHTSA programs and activities in fiscal year 1996. This is $775,500 more than was provided in fiscal year 1995, and $61,613,500 less than the level proposed in the President's budget. The following table summarizes the fiscal year 1995 program levels, the fiscal year 1996 program requests, and the Committee's recommendations: ---------------------------------------------------------------------------------------------------------------- Fiscal year-- Bill compared Program -------------------------------------- Recommended in with fiscal year 1995 enacted 1996 estimate the bill 1996 estimate ---------------------------------------------------------------------------------------------------------------- Operations and research............. $126,553,000 $144,342,000 $125,328,500 -$19,013,500 Highway traffic safety grants....... 151,400,000 196,000,000 153,400,000 -42,600,000 Total......................... 277,953,000 340,342,000 278,728,500 -61,613,500 ---------------------------------------------------------------------------------------------------------------- traffic safety trends In 1992, the nation experienced the lowest ever number of highway fatalities despite an increasing amount of travel on the roads. This trend reversed itself in 1993, with traffic fatalities increasing to 40,150, or 900 more fatalities than in 1992. The latest NHTSA data indicates fatalities in 1994 were 40,676, or 526 higher than the 1993 level. Likewise, overall fatality rates (based on deaths per 100 million vehicle miles traveled) have leveled off to 1.8 fatalities in 1992, 1993 and 1994. The following charts show these safety trends. <GRAPHIC NOT AVAILABLE IN TIFF FORMAT> <GRAPHIC NOT AVAILABLE IN TIFF FORMAT> Operations and Research (including highway trust fund) Appropriation, fiscal year 1995.........................\1\ $126,553,000 Budget estimate, fiscal year 1996....................... 144,342,000 Recommended in the bill................................. 125,328,500 Bill compared with: Appropriation, fiscal year 1995..................... -1,224,500 Budget estimate, fiscal year 1996................... -19,013,500 \1\ Reductions of $792,000 to comply with working capital fund, awards and procurement reform provisions and transfer of $81,500 for consolidated civil rights office not reflected. The Committee recommends a total of $125,328,500 for NHTSA operations and research in fiscal year 1996. This represents a reduction of $1,224,500 below the level provided in fiscal year 1995 and $19,013,500 below the budget request. The bill specifies that $73,316,570 (58.5 percent of the total) shall be derived from the general fund and $52,011,930 (41.5 percent of the total) shall be derived from the highway trust fund. In addition, the bill includes language to limit the availability of the operations and research appropriations to a three-year period. Budget and staffing data for this appropriation are as follows: ------------------------------------------------------------------------ Recommended in 1995 enacted 1996 estimate the bill ------------------------------------------------------------------------ Rulemaking..... $ 11,136,000 $14,787,000 $12,420,000 (Positions) (95) (95) (95) Enforcement.... 18,028,000 19,737,000 19,210,500 (Positions) (103) (103) (103) Highway safety. 39,039,000 50,681,000 44,455,000 (Positions) (203) (203) (203) Research and analysis...... 50,885,000 52,437,000 42,737,000 (Positions) (132) (132) (132) Office of administrator. 3,683,000 3,820,000 3,820,000 (Positions) (41) (41) (41) General administration 8,952,000 9,038,000 8,938,000 (Positions) (90) (90) (90) Grant administration reimbursement. -6,043,000 -6,158,000 -6,043,000 Accountwide adjustments... +873,000 ................. -209,000 -------------------------------------------------------- Total.... 126,553,000 144,342,000 125,328,500 ------------------------------------------------------------------------ committee recommendation In reviewing NHTSA's budget request, the Committee has placed the highest priority on programs aimed at reducing alcohol impaired driving and providing greater occupant protection. The Committee recommends the following changes to the budget request: Rulemaking: Reduce vehicle safety standards (new public promotion activity)............................... -$200,000 Reduction in NCAP (frontal, side impact and promotional activities)........................... -1,057,000 Decrease fuel economy technical studies (EIS and fuel economy studies)............................. -2,000,000 Theft program pilot project......................... +890,000 Enforcement: Reduction in auto safety hotline.................... -486,500 Reduce per state funding for odometer fraud......... -40,000 Highway Safety Programs: Delete safe communities injury control centers...... -5,600,000 Eliminate pedestrian and bicycle demonstrations..... -224,000 Reduce emergency medical services................... -252,000 Reduce driver education research.................... -150,000 Research and Analysis Program: Defer some biomechanics research (National Transportation Center)............................ -2,000,000 Delete funding for national advanced driving simulator......................................... -2,000,000 Reduce fatal accident reporting system.............. -300,000 Reduce data analysis program........................ -400,000 Reduce state data program........................... -500,000 Reduce most partnership for new generation vehicle funding........................................... -4,500,000 General Administration: Hold strategic planning to 1995 level............... -100,000 Grant Administration: Hold expenses at 1995 level......................... +115,000 Accountwide Adjustments: One percent base reduction in operating expenses.... -137,000 Reduce printing costs............................... -72,000 -------------------------------------------------------- ____________________________________________________ Net change to budget................................ -19,013,500 Vehicle safety standards.--The Committee recommends $650,000 for the vehicle safety standards program, an increase of $150,000 from the 1995 enacted level. NHTSA plans to conduct a new public information campaign designed to seek public input on what safety information the public wants and how best to present it. NHTSA had requested $300,000 for this effort; however, due to budget constraints the Committee has provided $100,000. New car assessment program (NCAP).--The Committee recommends $1,735,000 for this program. This is an increase of $50,000 over 1995 enacted levels and a decrease of $1,057,000 from the budget request. Historically, under the frontal crash testing program, NHTSA has tested 39 cars per year, or about 80 percent of the cars sold. In fiscal year 1996, NHTSA plans to test 4 additional cars. The Committee recommendation will continue the testing of 39 cars annually. The Committee has denied the request to expand the program to include side impact testing. In a May 1995 report, GAO questioned the reliability and repeatability of NCAP data. Because side impact testing will give consumers another piece of data about car safety, which may not be accurate, the Committee's action will defer the beginning of NCAP side impact testing until the National Academy of Sciences completes its study on motor vehicle safety needs. This study is scheduled to be issued in March 1996. NHTSA may test the automobile's ability to meet side impact standards under a separate NHTSA program ``vehicle safety compliance.'' The administration will test 20 cars at 30 miles per hour to verify that they meet the side impact protection standard. The NCAP testing is done at 35 miles per hour. Consistent with the Committee's decision not to expand NCAP to include side impact testing, the Committee has deleted $150,000 for promotional activities, such as new brochures, video releases, and NCAP exhibits. Fuel economy program.--The Committee recommends decreasing the fuel economy program by $2,000,000. This program consists of two areas: (1) a fuel economy environmental impact statement and (2) technical studies. NHTSA has not adequately addressed the need for a $1,500,000 environmental impact statement to be used to help set light truck fuel economy standards for 1998- 2006. According to a 1992 National Academy of Sciences study, the most direct method to increase significantly fuel economy is to reduce the vehicle's size and weight. Currently scheduled modifications to improve vehicle safety, including air bags, antilock brakes, and side impact protection, will increase the vehicle's weight and thereby could lower fuel economy. However, weight reductions are possible through the use of lighter and more expensive materials. Since light trucks, vans, and sport- utility vehicles now account for about 40 percent of all new passenger vehicles sold, it seems unlikely that if gains in fuel economy are obtained in new vehicles at the expense of other attributes consumers value (e.g. performance, size, safety, cargo space) that consumers will have such a high demand for these vehicles. Instead, consumers may retain their current vehicles longer. Also, since size and weight are related to safety, having more fuel efficient light trucks and vans could force a downsizing of these vehicles, which could adversely affect occupant safety. If NHTSA wishes to pursue increased fuel economy in these vehicles, this Committee believes that the agency should stay within narrower bounds, such as a 2 to 3 year period, where automotive technology and consumer preferences are more certain. The Committee has decreased funds for fuel economy technology studies by $500,000. The automobile industry and Department of Energy already undertake a variety of fuel economy studies. The Committee believes NHTSA should prevent a duplication of efforts and reduce the number of fuel economy studies it planned for 1996. The Committee has adopted a general provision (Sec. 330) that prohibits funds to be used to prepare, prescribe or promulgate corporate average fuel economy standards for automobiles that differ from those previously enacted. The limitation does not preclude the Secretary of Transportation, in order to meet lead time requirements of the law, from preparing, proposing and issuing a CAFE standard for model year 1998 automobiles that is identical to the CAFE standard established for such automobiles for model year 1997. Theft protection program.--The Committee has provided $1,000,000 to analyze insurance information and to establish pilot National Motor Vehicle Title Information System (NMVTIS) programs. Currently, motor vehicle departments cannot electronically verify the validity of titles of vehicles being registered from other states. The NMVTIS has the potential to fix this problem by establishing a national system, based on each automobile's unique vehicle identification number, that states could use to verify, within seconds, the validity of titles and other documents, prior to issuing new titles. This system may prevent thieves from obtaining legitimate vehicle ownership documentation. The American Association of Motor Vehicle Administrators testified before the Committee about this problem and noted that in a three-month period, the motor vehicle department in Indiana accepted 631 applications for registration and title on vehicles which were eventually verified as stolen. In the same period, the state also issued titles to 59 vehicles that were identified as already having been exported. Uniform tire quality grading standards.--The bill includes a provision which prohibits any agency funded in this Act from planning, finalizing, or implementing any rulemaking which would require that passenger car tires be labeled to indicate their low rolling resistance. There is evidence showing that the promotion of low rolling resistance characteristics negatively impacts safety. At the same time, there is little evidence showing a positive impact on fuel economy. Until independent analysis has been conducted and validated by NHTSA, the Committee believes no further regulatory action should be taken to add this as a grading standard. Automobile Safety Hotline.--The Committee recommends reducing the auto safety hotline request by $486,500. NHTSA plans to expand its auto safety hotline to handle one million calls in 1996. In 1994, the hotline handled 533,801 calls. Although there is an increasing demand for this hotline, the Committee does not expect the number of telephone calls to roughly double in two years. The Committee has provided funds to enhance the hotline's infrastructure (e.g. adding more telephone lines, buying more hardware and software, and building additional work stations) and half of the 12 new contractors NHTSA planned to hire to handle the automobile safety hotline calls. Odometer fraud.--The Committee has reduced the odometer fraud program by $40,000, which will provide $15,000 to four states' enforcement agencies for these efforts instead of $25,000 per state as proposed in the budget. Odometer fraud costs the public more than $3 billion per year. In 1994 and 1995, no money was appropriated, even though states have recovered over $700,000 for defrauded consumers. Some NHTSA funding in this program is necessary to ensure assistance from states to recover funds for defrauded consumers and to publicize the odometer fraud problem. Safe communities injury control program.--The Committee does not recommend funding the new safe communities injury control centers program due to budget constraints and insufficient justification. NHTSA had requested $5,600,000 to establish 15 injury control centers in various communities across the United States and planned to expand this program to 45 communities over a three year period. Rather, the Committee has provided $3,000,000 for three prototypes under the Section 402 safe communities program. Pedestrian and bicycle.--The Committee has deferred demonstration funding under the alcohol, drugs, and state programs' pedestrian and bicycle program (-$224,000). The National Center for Injury Control and Prevention has a variety of pedestrian and bicycle intervention efforts underway that are similar to what NHTSA has proposed in its fiscal year 1996 budget request. For example, the Center has ongoing work on the effects of alcohol related crashes on pedestrians and bicyclists, child pedestrian safety, community pedestrian safety, pedestrian and bicycle crash intervention, and school/ community based intervention programs. NHTSA should work in conjunction with this Center instead of developing three of its own demonstration projects. The Committee has provided funding at the 1995 level so that work involving older pedestrians, the Hispanic community, and the development of guidance for transporting pre-kindergarten children can continue. National occupant protection program.--Data collected during a national traffic study showed that, in moving traffic, seat belt usage was 62.8 percent in passenger cars and 50.2 percent in light trucks. This is significantly lower than the 67 percent U.S. average that NHTSA has published. With seat belt usage only slowly increasing--up one percent from 1993 to 1994--and the low figures in this nationwide study, the Committee believes that more aggressive action needs to be taken to achieve a 75 percent seat belt usage rate by 1997. Specifically, the Committee directs NHTSA to develop and distribute it to all states a model seat belt use law as part of its 1996 program. Emergency medical services (EMS).--The Committee recommendation includes $870,000 for this program, an increase of $215,000 over fiscal year 1995 enacted levels, and a reduction of $252,000 from the budget request. NHTSA plans to revise national EMS curricula, many of which date back to the late 1970s or early 1980s. Due to advances in medical technology and the widespread use of safety systems in today's automobiles, the Committee strongly supports this effort. However, in light of budget constraints, the Committee has not provided other proposed increases in the EMS program for public information, communication systems, and research and evaluation activities. The Committee is aware that NHTSA, in collaboration with the Maternal and Child Health Bureau of the Department of Health and Human Services, is working with the Emergency Medical Services for Children Program (EMSC). This program involves training on the care of critically ill and injured children in all aspects of the health care continuum, including rural hospitals and trauma centers. The Committee directs NHTSA to give high priority to this program, especially as it moves to develop a new data resource center to assist states, trauma centers, and pre-hospital providers because of the importance of these services to this population group and to continue to report to the committee on this issue. Driver education research.--Due to budget constraints, the Committee has provided $200,000 for the new driver education research initiative. This is a reduction of $150,000 from the budget request. Biomechanics.--The Committee recommendation for the biomechanics program includes $5,450,000, which is $150,000 less than 1995 and $2,000,000 less than requested. The Committee has deleted the proposed evaluation of a National Transportation Biomechanics Center to address biomechanical issues and undertake modeling efforts for all DOT modes and manage other university activities. The Committee notes NHTSA currently has contracts with between 4 and 6 universities to conduct biomechanical research, which it manages internally. In addition, NHTSA has not adequately explained the need for another university to manage the work of its centers. The Committee strongly supports the highway traffic injury work being undertaken by the William Lehman Injury Research Center. This center has developed a multidisciplinary approach to study automobile injuries and computerize investigative findings. The Committee encourages NHTSA to continue working with the research center on these efforts. National advanced driving simulator (NADS).--The Committee has deleted funding for the national advanced driving simulator. The 1995 Department of Transportation Appropriations Conference Report stated that several requirements must be met before NADS would receive additional funding. These requirements included: (1) NHTSA providing the House and Senate with a new estimate of the project's total costs; (2) having $11,000,000 in non-DOT matching contributions; (3) GAO certification that the matching contributions and commitments to the simulator have been secured; and (4) the Transportation Research Board (TRB) determining whether the driving simulator will be operated at 80 percent capacity with no more than 50 percent usage by NHTSA within 2 years. To date, 3 of the 4 requirements have been met. The State of Iowa and the University of Iowa have provided a total of $12,470,000 in cash and computer software. GAO has certified this. For the remaining two requirements, NHTSA has not provided a new estimate of the project's total costs to the Committee. In 1990, the simulator was estimated to cost $32,000,000; however, TRB's study notes that ``in view of NHTSA's inexperience with procuring driving simulators, the [TRB] committee believes that [the NADS] is unlikely to achieve its proposed functionality within the fixed budget of $32,000,000 and will probably experience many software integration challenges and component adjustments before it operates smoothly''. GAO's reports state that the total project cost for the NADS program is now estimated at $37,100,000 including project management. In their report analyzing potential usage of the simulator, TRB stated that ``it would take at least two years for the driving simulator to operate at 80 percent capacity. However, the report qualified this endorsement by noting to reach this capacity level, NADS usage by researchers not under contract with NHTSA would cost between $7,000,000 and $8,400,000 per year * * * Although TRB could identify other users interested in using the simulator, their usage is dependent upon federal research dollars, which in this budgetary climate is likely to decline. In addition, automobile manufacturers did not express any interest in using the simulator * * * Part of TRB's difficulty in assessing future use of NADS stemmed from the fact that the scientific need has not been demonstrated for a driving simulator with a large motion base. To attract other users, TRB suggested that the University of Iowa and NHTSA would have to engage in very aggressive marketing.'' Because of a large number of qualifications TRB placed on usage of the simulator and the fact that the Committee does not have an updated version of cost, the Committee does not include funding for the simulator. Partnership for new generation of vehicles (PNGV).--The Committee has provided $500,000 for the new PNGV initiative, which is $4,500,000 less than requested. NHTSA's participation in this program is important. However, it will be necessary in the future once the automobile manufacturers, in conjunction with the Departments of Commerce, Energy, and Defense, have identified what types of materials could significantly reduce the weight and emission of automobiles. Of the total, NHTSA had requested $3,500,000 to develop the computer capabilities and models necessary to simulate the crashworthiness of new vehicles. The Committee has provided $500,000 so NHTSA can begin procuring the computer hardware and software for this work. Once these lightweight materials are identified, NHTSA could begin its safety investigation work. The Committee has deleted $1,500,000 to begin PNGV transportation infrastructure analyses and a peer review study of the conceptual designs as NHTSA has not made a convincing case for conducting this work without knowing whether this new type of vehicle is technologically feasible or what it will look like. Intelligent transportation system.--The Committee has previously expressed its support for intelligent transportation system research centers. This includes an operational test to evaluate improvements in safety and efficiency of emergency services that utilize in-vehicle technologies which provide automatic notification of automobile collisions to police and emergency medical personnel. The Committee continues to support demonstration of this technology in rural areas that most need improved emergency medical services. The Committee has received information about the need for such services in rural areas of Texas, including El Paso County, and again recommends that NHTSA consider this location in conducting its test. Other research and analysis programs.--Due to budget constraints, the Committee is funding the data analysis program, the state data systems program and the fatal accident reporting system, at near the fiscal year 1995 levels. NHTSA had sought significant increases--35, 43 and 17 percent respectively--which cannot be accommodated. Strategic planning.--Due to budget constraints, the Committee has funded the strategic planning initiative at $100,000, which is the same level as last year and a decrease of $100,000 from the request. Accountwide adjustments.--The Committee recommends $209,000 in accountwide reductions. This consists of a one percent reduction in operating expenses ($137,000) and a $72,000 reduction in printing expenses. Operations and Research (rescissions) Rescission, fiscal year 1995............................................ Budget estimate, fiscal year 1996....................................... Recommended in the bill................................. (-$4,547,185) Bill compared with: Rescission, fiscal year 1995........................ (-4,547,185) Budget estimate, fiscal year 1996................... (-4,547,185) The Committee has rescinded $4,547,185 of unobligated balances from the national advanced driving simulator project. These funds were appropriated through fiscal year 1995. Highway Traffic Safety Grants (Liquidation of Contract Authorization) (Highway Trust Fund) Appropriation, fiscal year 1995......................... ($151,000,000) Budget estimate, fiscal year 1996....................... (180,000,000) Recommended in the bill................................. (153,400,000) Bill compared with: Appropriation, fiscal year 1995..................... (+2,400,000) Budget estimate, fiscal year 1996................... (-26,600,000) The Committee recommends $153,400,000 to liquidate contract authorizations for state and community highway safety grants (23 U.S.C. 402), safety belt and motorcycle helmet use grants (23 U.S.C. 153), alcohol-impaired driving countermeasures grants (23 U.S.C. 410), and section 211(b) of the National Driver Register Act of 1982, as amended, and section 209 of Public Law 95-599, as amended. The recommendation represents an increase of $2,400,000 over the 1995 level. Limitation on Obligations As in past years and recommended in the budget request, the bill includes language limiting the obligations to be incurred under the various highway traffic safety grants programs. The bill includes separate obligation limitations with the following funding allocations: ------------------------------------------------------------------------ Fiscal year-- -------------------------------------- Recommended in 1995 enacted 1996 estimate the bill ------------------------------------------------------------------------ Section 402.... $123,000,000 $168,600,000 $126,000,000 Section 410.... 25,000,000 25,000,000 25,000,000 National Driver Register...... 3,400,000 2,400,000 2,400,000 -------------------------------------------------------- Total.... 151,400,000 196,000,000 153,400,000 ------------------------------------------------------------------------ Section 402 formula grants.--These grants are awarded to states for the purpose of reducing traffic crashes, fatalities and injuries. The states may use the grants to implement programs to reduce deaths and injuries caused by exceeding posted speed limits; encourage proper use of occupant protection devices; reduce alcohol-and drug-impaired driving; reduce crashes between motorcycles and other vehicles; reduce school bus crashes; improve police traffic services; improve emergency medical services and trauma care systems; increase pedestrian and bicyclist safety; and improve traffic record systems. The grants also provide additional support for state data collection and reporting of traffic deaths and injuries. An obligation limitation of $126,000,000 is included in the bill, which is $3,000,000 more than was provided in 1995 and $42,600,000 less than requested. The Committee recommends that NHTSA use $3,000,000 under section 402 to implement a demonstration of the safe communities program in three states. These funds will not be subject to the apportionment formula. NHTSA should endeavor to choose three communities that are different in terms of geography, demographics, and traffic safety regulations so that a good representation of the United States can be displayed. The Committee directs NHTSA to provide an evaluation of this demonstration before consideration of the fiscal year 1997 budget request. Based on the results of this report, the Committee will consider funding the safe communities program on a broader scale. Last year, the Committee directed that $8,000,000 of total section 402 funding be earmarked to address alcohol-impaired driving among young drivers. The Committee continues to be concerned about youth involvement in alcohol-related highway crashes. Statistics collected by NHTSA indicate that some progress is being made. Despite this success, underage drivers continue to be significantly over represented in alcohol- involved crashes. A recent report from NHTSA noted that there were 15 young drivers involved in fatal crashes for every 100,000 young licensed drivers in 1993. This is almost twice the rate for drivers ages 21 and older. Automobile crashes remain the leading cause of death for youth and the most significant contributing factors are alcohol use and non-use of seat belts. Therefore, for fiscal year 1996, the Committee has increased the amount earmarked under section 402 for the youth program to $9,200,000 to reduce speeding and drinking and driving among teenagers. Better enforcement of minimum drinking age laws, promotion of lower blood alcohol content laws for younger drivers, and provisional licensing programs for younger drivers are among the effective strategies and eligible activities that the designated funding could support. The Committee recommends that child passenger safety education should be considered an eligible activity under states' occupant protection programs during 1996. Child restraint systems can reduce the chance of serious or fatal injury in a crash by 70 percent or more; however the effectiveness of child restraint systems is considerably reduced when it is installed improperly. A panel on child restraint and vehicle compatibility found that approximately 50 percent of the current child restraints are not properly installed, which places the child in serious risk. The Committee expects NHTSA to encourage the states to use their section 402 funds according to the following distribution: ---------------------------------------------------------------------------------------------------------------- Fiscal year-- ---------------------------------------- Recommended in the 1995 enacted 1996 estimate bill ---------------------------------------------------------------------------------------------------------------- Alcohol safety...................................... $38,760,000 $38,760,000 $39,960,000 (youth)......................................... (8,000,000) (8,000,000) (9,200,000) Police traffic services............................. 44,864,000 44,864,000 44,864,000 Emergency medical services.......................... 3,174,000 3,174,000 3,174,000 Occupant protection................................. 19,009,000 19,009,000 19,009,000 Traffic records..................................... 5,761,000 5,761,000 5,276,000 Motorcycles......................................... 482,000 482,000 482,000 All Other........................................... 5,797,000 5,682,000 5,082,000 Safe communities.................................... 0 45,600,000 3,000,000 Grant administration................................ 5,153,000 5,268,000 5,153,000 ----------------------------------------------------------- Total......................................... 123,000,000 168,600,000 126,000,000 ---------------------------------------------------------------------------------------------------------------- Language is included in the bill limiting the funds available for federal grant administration costs to $5,153,000. The bill also recommends that no funds under Section 402 can be used to purchase office furnishing, automobiles, or motorcycles. Federal funding for this program acts as ``seed money'' so that beneficial projects can be implemented at the state and local levels. The federal funding is only available for three years. Purchasing office furnishing, motorcycles, and automobiles is not an appropriate use of this ``seed money.'' Section 410 alcohol-impaired countermeasure grants.-- Alcohol-impaired driving countermeasure grants are provided to states that qualify by adopting specified laws and program measures to reduce safety problems stemming from driving while impaired by alcohol and other drugs. The program, first enacted in 1988, was subsequently restructured in 1991 in the Intermodal Transportation Surface Transportation Efficiency Act to expand the eligibility requirements and increase incentive funds. The program's eligibility requirements and funding procedures were further amended in Public Law 102-388. Basic grants are issued for achieving criteria that include administrative driver license actions within stated timeframes, lower blood-alcohol content (BAC) laws, statewide police roadside checkpoints, effective under age 21 impairment deterrence, mandatory sentences for repeat offenders, and programs that are financially self-sufficient. Supplemental grants are provided to states that adopt additional specified measures, including 0.02 BAC laws for under age 21 drivers, license plate confiscation, laws against open alcohol containers in vehicles and mandatory BAC testing by police of suspected DWI offenders. The bill includes an obligation limitation of $25,000,000 for the section 410 program and language providing that $500,000 of section 410 funds be available for technical assistance to the states, as requested. Thirty to 33 states are expected to qualify for section 410 awards during fiscal year 1996. National driver register.--The bill includes an obligation limitation of $2,400,000 for the national driver register (NDR), $1,000,000 less than the 1995 obligation limitation and the same level as requested. The national driver register program assists state motor vehicle administrators in communicating effectively and efficiently with other states to identify problem drivers; that is, drivers whose licenses are suspended or revoked for certain serious traffic offenses, including vehicle operation under impairment by alcohol and other drugs. NHTSA plans to complete the transfer of the problem driver pointer system to all states in 1995, making license information exchange on problem drivers available. The states will benefit from greater cross-state uniformity in driver licensing and traffic record systems. Other key functions, such as computer timesharing and the user help desk of the NDR will be transferred to the American Association of Motor Vehicle Administrators. This transfer would require the states, which are the primary users of the NDR, to assume all or a portion of its operating costs, resulting in reduced federal costs associated with operating the NDR. NHTSA will continue to process state inquiries and updates, and provide technical and administrative support. FEDERAL RAILROAD ADMINISTRATION Summary of Fiscal Year 1996 Program The Federal Railroad Administration (FRA) is responsible for planning, developing, and administering programs to achieve safe operating and mechanical practices in the railroad industry, as well as managing the high speed ground transportation program. Grants to the National Railroad Passenger Corporation (Amtrak) and other financial assistance programs to rehabilitate and improve the railroad industry's physical plant are also administered by the FRA. The total recommended program level for the FRA for fiscal year 1996, including a limitation on contract authorization, amounts to $827,940,660. This is $293,878,340 less than the fiscal year 1995 level, and $52,480,340 less than the budget request. The following table summarizes the fiscal year 1995 program levels, the fiscal year 1996 program requests and the Committee's recommendations: ---------------------------------------------------------------------------------------------------------------- Fiscal year-- -------------------------------------- Recommended in Bill compared Program 1995 enacted the bill with 1996 level 1996 request estimate ---------------------------------------------------------------------------------------------------------------- Office of the Administrator \1\..... $13,090,000 $17,370,000 $14,000,000 -$3,370,000 Local rail freight assistance....... \2\ 17,000,000 ................. ................. ................. Railroad safety..................... 47,729,000 51,104,000 49,940,660 -1,163,340 Railroad research and development... 20,500,000 48,947,000 21,000,000 -27,947,000 Northeast corridor improvement program \3\........................ 200,000,000 ................. 100,000,000 NA Next generation high speed rail..... \4\ 25,000,000 \4\ 35,000,000 \4\ 15,000,000 -20,000,000 Rhode Island rail development \3\... 5,000,000 ................. ................. NA Grants to National Passenger Railroad Corporation \3\<SUP>,\5\ ...... \6\ 793,500,000 ................. 628,000,000 NA Railroad rehabilitation and improvement financing fund......... ................. ................. ................. ................. National magnetic levitation prototype development.............. ................. ................. ................. ................. --------------------------------------------------------------------------- Total......................... 1,121,819,000 152,421,000 827,940,660 -52,480,340 ---------------------------------------------------------------------------------------------------------------- \1\ Does not include transfer of $611,950 from the Section 511 loan guarantee program to the Office of the Administrator, as enacted in the 1995 rescission bill. \2\ Does not include a rescission of $6,563,000. \3\ The President's budget proposal to consolidate these programs into the United Transportation Infrastructure (UTIIP) Investment Program. \4\ Includes limitation on obligations of $5,000,000. \5\ Includes mandatory passenger rail service payments and the Pennsylvania Station redevelopment project. \6\ Includes a rescission of $40,000,000 from the Pennsylvania station redevelopment project and an additional appropriation of $21,500,000 for capital grants. Office of the Administrator Appropriation, fiscal year 1995......................... \1\ $13,090,000 Budget estimate, fiscal year 1996....................... 17,370,000 Recommended in the bill................................. 14,000,000 Bill compared with: Appropriation, fiscal year 1995..................... +910,000 Budget estimate, fiscal year 1996................... -3,370,000 \1\ Does not include transfer of $611,950 to the Office of the Administrator from section 511 loan guarantees or reductions of $93,000 to comply with working capital fund and award provisions and transfer of $127,900 for consolidated civil rights office. This account provides funds for executive direction and administration, policy support, passenger and freight services salaries and expenses, and contractual support. The Committee recommends an appropriation of $14,000,000 to continue the office of the administrator and passenger and freight service assistance functions. This is $3,370,000 less than the budget request and $910,000 above the level enacted for fiscal year 1995. Committee Recommendation The Committee recommends the following changes to the President's budget request for this appropriation: Changes Reduce new technical assistance program................. -$130,000 Reduce FRA's cost-sharing of the national implementation of Operation RESPOND................................ -18,000 Increase non-pay inflationary adjustments............... +500,000 Offset to account for unobligated balance............... -3,722,000 -------------------------------------------------------- ____________________________________________________ Net adjustment.................................... -3,370,000 Technical assistance program.--The Committee recommendation reduces a new program that provides technical assistance to state and local transportation officials in their planning efforts from $150,000 to $20,000 due to budget constraints. FRA has stated that without this type of assistance, rail issues are not adequately considered. The Committee finds this justification unlikely and, consequently has reduced the program to a more moderate level. Operation RESPOND.--The Committee has provided $20,000 for this program, a decrease of $18,000 from the budget request. FRA plans to implement the results from a Houston-based demonstration in other areas. This program teaches states and local responders, and railroad employees how to respond to hazardous material incidents in a timely and coordinated fashion. Because RSPA and FHWA are sharing in these costs, some decrease in FRA's allocation is warranted. The Committee urges FRA to consider having states and local communities pay for this type of training. Non-pay inflationary adjustment.--The Committee's recommendation allows a 1.5 percent increase for all non-pay inflation for all modes of the department (+$500,000). Unobligated balances.--The Committee has reduced the Office of the Administrator's request by $3,722,000 due to high unobligated balances from prior years, which could be used to fund programs under this account. At the end of the fiscal year 1994, this office still had $11,408,000 in unobligated funds available. At the end of April 1995, the unobligated balance in this office was $15,493,000. Some of this balance is necessary to fund the yearly mortgage payment at Union Station in Washington DC in case the Union Station Redevelopment Corporation cannot pay. This mortgage payment is $1,418,000 per year. Another $1,000,000 is set aside for unexpected payments for Alaskan railroad liabilities. Air rights over Union Station.--The Committee recommends that FRA request the Union Station Redevelopment Corporation to have the air rights over Union Station assessed for their property value. FRA should report back to the House and Senate no later than March 31, 1996 about the results of the assessment. Local Rail Freight Assistance Appropriation, fiscal year 1995......................... \1\ $17,000,000 Budget estimate, fiscal year 1996....................................... Recommended in the bill................................................. Bill compared with: Appropriation, fiscal year 1995..................... -17,000,000 Budget estimate, fiscal year 1996................................... \1\ Of this amount, $6,563,000 was rescinded. The local rail service assistance (LRSA) program was established by the Regional Rail Reorganization Act of 1973 to provide financial support to states for the continuation of rail freight service on abandoned light density lines in the Northeast. The Railroad Revitalization and Regulatory Reform Act of 1976 expanded the program to all states. In 1978 the program was further expanded and amended to allow capital assistance for rehabilitation prior to, rather than after, abandonment. Amendments in 1981 prohibited the use of these funds for operating subsidies. The program was reauthorized in 1989 and renamed local rail freight assistance (LRFA). The Committee recommends no funds for this program, as requested in the budget. This program provides benefits which are predominately local, not federal, and should be financed by local units of government. Railroad Safety Appropriation, fiscal year 1995......................... \1\$47,729,000 Budget estimate, fiscal year 1996....................... 51,104,000 Recommended in the bill................................. 49,940,660 Bill compared with: Appropriation, fiscal year 1995..................... +2,211,660 Budget estimate, fiscal year 1996................... -1,163,340 \1\ Reductions of $93,000 to comply with working capital fund and award provisions not reflected. The federal role in the railroad safety program is to protect railroad employees and the public by ensuring the safe operation of passenger and freight trains. The authority to accomplish this role is found in the Federal Railroad Safety Act of 1970 (as amended), the Department of Transportation Act, and the Hazardous Materials Transportation Act. Greatly expanded railroad safety authority was granted to the FRA under the Rail Safety Improvement Act of 1988. committee recommendation The Committee recommends a total appropriation of $49,940,660 for railroad safety programs in fiscal year 1996. This is an increase of $2,211,660 (5 percent) above the level provided in fiscal year 1995, and a reduction of $1,163,340 below the level proposed in the President's budget. Recommended adjustments to the budget estimate are as follows: Changes Decrease other services costs by 2 percent.............. -$105,340 Hold supplies and materials costs increase to 34 percent -566,000 Defer new partnership program........................... -400,000 Decrease equipment costs................................ -150,000 Increase non-pay inflationary adjustment................ +58,000 -------------------------------------------------------- ____________________________________________________ Net adjustment.................................... -1,163,340 Other services.--The Committee recommends $5,161,660 for other services due to budget constraints. This is an increase of $130,660 over 1995 but a decrease of $105,340 (or 2 percent) from the budget request. Supplies and materials.--The Committee recommends $350,000 for supplies and materials, which is $51,000 more than 1995 enacted levels. FRA had requested $916,000 (or a 206 percent increase over 1995 funding levels). This increase is not well justified, and consequently, the Committee has reduced funding accordingly. Labor-management partnership program.--The Committee recommends deferring funding for the new labor-management partnership program. This is a decrease of $400,000 from the budget request. This program was designed to create and increase the level of partnerships FRA has with its customers in the railroad community. FRA currently works with a number of railroad associations and with most of the railroad companies. In these tight budgetary times, the Committee does not believe that further outreach is well justified. Equipment costs.--The Committee recommends $401,000 for equipment costs, which is an increase of $40,000 over 1995 levels. This will allow an 11 percent increase in equipment costs over last year, as opposed to an increase of 53 percent as requested in the budget. Non-pay inflationary adjustment.--The Committee's recommendation allows a 1.5 percent increase for all non-pay inflation for all modes of the department (+$58,000). Railroad Research and Development Appropriation, fiscal year 1995......................... \1\$20,500,000 Budget estimate, fiscal year 1996....................... 48,947,000 Recommended in the bill................................. 21,000,000 Bill compared with: Appropriation, fiscal year 1995..................... +500,000 Budget estimate, fiscal year 1996................... -27,947,000 \1\ Reductions of $301,000 to comply with working capital fund, awards and procurement reform provisions not reflected. The railroad research and development appropriation finances contract research activities as well as salaries and expenses necessary for supervisory, management, and administrative functions. The objectives of this program are to reduce the frequency and severity of railroad accidents and to provide technical support for rail safety rulemaking and enforcement activities. committee recommendation The Committee recommends an appropriation of $21,000,000 for fiscal year 1996, which represents an increase of $500,000 above the fiscal year 1995 appropriation and a decrease of $27,947,000 below the budget request. The budget requested a 137 percent increase in its railroad research and development program, with the majority of this increase in the high speed rail ground transportation system activity. Recommended adjustments to the budget estimate are as follows: ------------------------------------------------------------------------ Fiscal year Fiscal year 1996 Recommended 1995 enacted request in the bill ------------------------------------------------------------------------ Equipment, operations, and hazardous materials.......... $5,413,000 $5,010,000 $5,010,000 Track, structures, and train control...................... 9,165,000 8,082,000 8,082,000 High speed ground transportation............... 3,300,000 33,225,000 5,378,000 R&D facilities................ 200,000 400,000 400,000 Administration................ 2,121,000 2,230,000 2,130,000 ----------------------------------------- Total................... \1\ 20,199,000 48,947,000 21,000,000 ------------------------------------------------------------------------ \1\ Includes reduction of $301,000 for working capital fund, awards, and procurement reform provisions. High speed ground transportation.--The Committee recommends $5,378,000 for the high speed rail ground transportation system activity. This is an increase of $2,078,000 over 1995 enacted levels and $27,947,000 less than requested. The Committee recommendation provides an increase of 63 percent, rather than 907 percent requested in the budget. The significant growth in this program would have allowed FRA to begin initiatives in a variety of projects, such as passenger/freight interaction, communications reliability, evaluating corridor results, developing flywheel energy storage, and demonstrating warning and protective signals. Such significant growth in the high speed activity is not warranted, especially since funding for this program just began in 1993 and no funds were appropriated in 1994. The Committee notes that FRA appears not to have a focus or priority among its various projects. The Committee believes that there are few places at the present time in the United States that have the market demand or the financial ability to establish a high speed rail corridor without significant federal contribution. GAO reported that an electrified high speed rail corridor would cost at least $10,000,000 per mile (or $2 billion for a 200-mile corridor). A non-electrified high speed rail corridor would be less costly. Based on preliminary planning studies for the three corridors on which FRA has initiated high speed rail demonstrations, the costs to construct a non-electrified corridor range between $1,400,000 and $8,000,000 per mile. Maximum speeds range between 110 and 125 miles per hour. Faster speeds would require electrification, new alignment and trackage, new or upgraded stations, and total separation of freight trains, all of which add more to the cost. If the Administration is going to focus on high speed rail, it makes more sense to work on achieving high speed service in one corridor before expanding it to other parts of the United States. The GAO stated in their testimony before this Subcommittee that the Northeast Corridor is the most likely candidate for a high speed rail corridor. Amtrak has initiated contracts for procurement of high speed trainsets, and has an established market. Even in the Northeast Corridor, achieving high speed service involves overcoming a liability problem. Amtrak and freight railroads are currently discussing this issue and there are proposed legislative changes. However, this issue still remains problematic. Corridor development.--Last year, the Committee deleted funding for corridor risk analytical model development and requested a plan that incorporated joint funding with the railroad industry, which would be the primary beneficiary of advanced train control system (ATC). In 1995, FRA began evaluating ATC in various proposed high speed rail corridors, such as Detroit to Chicago, Chicago to St. Louis, and Seattle to Portland. The Committee directs FRA to submit the plan to the House and Senate Committees on Appropriation for evaluation before further corridor development work outside the Northeast Corridor occurs. National Academy of Sciences high speed rail study.--The Committee directs FRA to request the National Academy of Sciences to undertake a study that will provide the House and Senate Committees on Transportation and the Department of Transportation with guidance on how to promote the advances derived from FRA's high speed rail projects and how these sponsored programs could be best deployed by the states and/or the private sector. This study should focus on FRA's ongoing high speed ground safety and technology research and development program, next generation high speed rail program, the integration of the research and development program, and federal policies and programs to promote high speed rail corridor planning and implementation. The Committee requests that the study be submitted by April 1, 1996. Magnetic levitation systems.--The Committee recommends $425,000 for magnetic levitation systems. The Committee has provided sufficient resources to enable the FRA to particiate in the few magnetic levitation projects ongoing in the United States including Atlanta for the 1996 Olympics and the State of Florida. Furthermore, the Committee notes the low probability that magnetic levitation systems will enter revenue service in this country in the near future. Administrative costs.--The Committee recommends reducing administrative costs by $100,000 consistent with the Committee's reduction in FRA's overall research and development program. Northeast Corridor Improvement Program Appropriation, fiscal year 1995......................... $200,000,000 Budget estimate, fiscal year 1996....................... (\1\) Recommended in the bill................................. 100,000,000 Bill compared with: Appropriation, fiscal year 1995..................... -100,000,000 Budget estimate, fiscal year 1996................... NA \1\ The President's budget proposed to consolidate this program into the Unified Transportation Infrastructure Investment Program (UTIIP) Title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 (4R Act) authorized $2,500,000,000 for the Northeast Corridor Improvement Program. That Act was later amended to add a list of projects to be funded in the event the total amount of authorized funding became available. This project list was again amended in the Rail Safety Improvement Act of 1988 to authorize new safety-related projects which the Committee initiated in the aftermath of the Chase, Maryland, Conrail-Amtrak accident. Currently, the program includes a major upgrade of the north end of the corridor to improve running speeds between New York City and Boston, including electrification of the rail line between New Haven, Connecticut and Boston, Massachusetts. The program also includes routine upgrades and rehabilitation of the south end of the corridor between Washington, D.C. and New York City. committee recommendation The Committee recommendation would provide $100,000,000 for Northeast Corridor improvements in fiscal year 1996, which represents a reduction of $100,000,000 below the level provided in fiscal year 1995. The budget requested $200,000,000 (85 percent) for the northern portion of the corridor (from New York to Boston) for electrification, high-speed trainsets, equipment maintenance facilities, and track and fixed facilities. The remaining $35,000,000 (15 percent) was requested for the southern part of the corridor (from Washington D.C. to New York) to upgrade the electric traction and the New York tunnels. Since the transmittal of the President's budget, Amtrak has redefined its needs along the Northeast Corridor and now intends to focus financial resources on the southern end of the corridor. GAO has reported that Amtrak will need at least $2.5 billion to return the southern end of the corridor to a state of good repair. This need is immediate, although the work will continue over 15 years because of its complexity and volume. This is Amtrak's most profitable route segment and the flagship for high speed rail service in the United States. As such, the Committee emphasizes funding support for the critical southern end of the corridor, and recommends the following distribution of total funding: New York-Boston Corridor: Infrastructure in the northern corridor............. $20,700,000 Washington D.C.-New York Corridor: Track Improvements.................................. 30,000,000 Electric traction................................... 13,000,000 Communications and Signals.......................... 11,000,000 Structures.......................................... 21,000,000 Station/yards/shops/vehicles........................ 4,300,000 High-speed trainsets.--The Committee has not provided any funding for trainsets because Amtrak has $115,000,000 that can be used to cover the trainset costs during fiscal year 1996. The procurement of high-speed trainsets is one year behind schedule. As such, Amtrak does not expect to begin receiving trainsets until the second half of 1999. Electrification.--The Committee has not provided any funding for electrification. Amtrak has funds available for electrification purposes, which it can use to supplement its northern corridor work. Through fiscal year 1995, $298,200,000 was appropriated for electrification, of which most remains unexpended by the corporation. Electrification-related construction on the New Haven to Boston rail line has not yet begun. This is a delay of two years from the original plan. Amtrak has told the Committee that this occurred for two reasons: first, the design of the electrification system has taken longer than expected; second, FRA took longer to complete its environmental impact statement (EIS). The EIS was issued in May, 1995. Amtrak believes that electrification-related construction can begin in September 1995; however, the Committee has some doubts about this time frame. Specifically, one of the three contractors Amtrak awarded the electrification project to is experiencing financial difficulties. Amtrak believes that this contractor's financial difficulties should not impact design or construction of the electrification. However, the Committee believes the joint venture will have difficulties obtaining financing, which is backed by a surety and guarantees the completion of the work even if the joint venture is unable to undertake the construction after receiving the notice to proceed. If the joint venture cannot begin construction, then Amtrak would have to rebid the construction phase of the project this summer, which would delay the project by an estimated six months. Assuming the current schedule and significant federal funding, electrification would be completed by the end of 1998. If the contract needs to be rebid; however, electrification would not be completed until mid-1999, at the same time that Amtrak begins receiving high-speed trainsets. Reliable, three hour service will occur subsequent to these actions being completed. Detailed market and ridership survey.--The Committee is still concerned that up-to-date and detailed market and ridership estimates have not been performed to validate the estimates being made for the electrified New York to Boston service. While the Committee directed more work in this area three years ago, little has been done. According to Amtrak, a survey and demand model produced in 1986 ``continues to serve as the foundation for all projections of northeast corridor rail ridership''. These estimates will be fifteen years old by the time reliable three hour electrified service begins in the year 2001. Amtrak, in conjunction with the Volpe National Transportation System Center, should complete this study, as directed in the 1995 Department of Transportation conference report, as soon as possible. rhode island rail development Appropriation, fiscal year 1995......................... $5,000,000 Budget estimate, fiscal year 1996....................... <SUP>(1) Recommended in the bill................................. 0 Bill compared with: Appropriation, fiscal year 1995..................... -5,000,000 Budget estimate, fiscal year 1996................... NA \1\ The President's budget proposed to consolidate this program into the Unified Transportation Infrastructure Investment Program (UTIIP) The Committee does not recommend any funding for the Rhode Island rail development project. Language in the 1995 Department of Transportation Appropriations Act requires that the project have matching state funds. As of June 1, 1995, the state has not been able to match the federally appropriated money. The Governor of Rhode Island has committed $2,500,000 in funding for this project; however, it will not be available until after September 15, 1995. Thus, fiscal year 1995 money will not be obligated until that date, at the earliest. The first chance that the state could match the remaining 1995 amount of $2,500,000 is in a November 1995 bond referendum, when voters will decide whether or not to provide money for this project. If the referendum is successful, then the state could receive the remaining federally appropriated fiscal year 1995 dollars during fiscal year 1996. The Rhode Island project relates directly to Amtrak's electrification project along the northern section of the Corridor. Since the Committee is not funding much work on the northern section (including any electrification work) further funding on this project can be deferred. However, the Committee is willing to reconsider funding for this project in fiscal year 1997 if the available funds are obligated. Railroad Rehabilitation and Improvement Program Section 511 of Public Law 94-210, as amended authorizes obligation guarantees for meeting the long-term capital needs of private railroads. Railroads utilize this funding mechanism to finance major new facilities and rehabilitation or consolidation of current facilities. No appropriations or new loan guarantee commitments are proposed in fiscal year 1996 consistent with the budget request. National Magnetic Levitation Prototype Development (Limitation on Obligations) (Highway Trust Fund) Limitation, fiscal year 1995............................ ($0) Limitation, fiscal year 1996............................ (0) Recommended in the bill................................. (0) Bill compared with: Limitation, fiscal year 1995..............(........................) Budget estimate, fiscal year 1996.........(........................) Section 1036 of the Intermodal Surface Transportation Efficiency Act of 1991 establishes a national magnetic levitation prototype program. Contract authority totaling $500,000,000 through fiscal year 1997 was provided for this program, to be derived from the highway trust fund. This includes $5,000,000 in fiscal year 1992, $45,000,000 in fiscal year 1993, $100,000,000 for each of fiscal years 1994 and 1995, and $125,000,000 for each of fiscal years 1996 and 1997. The Act authorized an additional $225,000,000 from the general fund of the Treasury. The Committee recommends a zero obligation limitation for this program in fiscal year 1996, which is the same as provided for fiscal years 1993, 1994, and 1995. Next Generation High Speed Rail Appropriation, fiscal year 1995......................... \1\ $20,000,000 Budget estimate, fiscal year 1996....................... 30,000,000 Recommended in the bill................................. 10,000,000 Bill compared with: Appropriation, fiscal year 1995..................... -10,000,000 Budget estimate, fiscal year 1996................... -20,000,000 \1\ Reductions of $1,000 to comply with award provisions not reflected. In fiscal year 1995 a new program was established to develop, demonstrate, and implement high speed rail technologies, to be managed in conjunction with the program authorized in the Intermodal Surface Transportation Efficiency Act of 1991 for similar purposes. Committee Recommendation The Committee recommends $10,000,000 from the general fund for this program in fiscal year 1996, and an additional $5,000,000 obligation limitation under ``Trust fund share of next generation high speed rail''. Total program funding is therefore $15,000,000, which is $10,000,000 less than enacted in 1995 and $20,000,000 less than the budget request. Adjustments in total program funding from the budget estimate are as follows: ------------------------------------------------------------------------ Fiscal year 1996 Committee request Recommended ------------------------------------------------------------------------ Advanced train control............ $10,000,000 $9,000,000 Non-electric locomotive........... 15,500,000 0 Grade crossing hazards............ 7,000,000 4,500,000 Corridor planning technology...... 2,000,000 1,000,000 Administrative.................... 500,000 500,000 ------------------------------------- Total \1\................... 35,000,000 15,000,000 ------------------------------------------------------------------------ \1\ Includes $5,000,000 in limitation on obligation from the highway trust fund. Non-electric locomotives.--The Committee is not providing any funds for non-electric locomotives because Amtrak is already procuring two non-electric locomotives as part of its high speed trainset acquisition. Further investments in this area would be a duplication of federal dollars and work. Also, Congress has previously provided funds to retrofit two existing turbine locomotives with engines to demonstrate the potential of a fossil fuel operating locomotive to achieve 125 miles per hour. This demonstration occurred in March 1995 between Schenectady and Albany, New York. After completing this successful demonstration and in light of Amtrak's procurement, the Committee believes that the federal government's role should largely be safety related. Developing rolling stock that railroads might acquire is a more appropriate role for private industry. Before the Committee would consider additional funding for the development of non-electric locomotives, FRA should submit a report on the results of the high speed rail demonstration between Schenectady and Albany, New York. This report should include information on how FRA plans to use the two retrofitted locomotives for service and for other planned high speed rail demonstrations throughout the United States. Other reduction in the next generation high speed rail account.--Due to budget constraints, the Committee has reduced the advanced train control program by $1,000,000, grade crossing hazards by $2,500,000, and corridor planning studies by $1,000,000. The Committee finds that a lot of this work is duplicative of efforts ongoing under FRA's research and development program. Trust Fund Share of Next Generation High Speed Rail (Liquidation of Contract Authorization) (Highway Trust Fund) Appropriation, fiscal year 1995......................... ($3,400,000) Budget estimate, fiscal year 1996....................... (7,118,000) Recommended in the bill................................. (5,000,000) Bill compared with: Appropriation, fiscal year 1995..................... (+1,600,000) Budget estimate, fiscal year 1996................... (-2,118,000) Section 1036 of the Intermodal Surface Transportation Efficiency Act of 1991 establishes a program of research, development, and demonstrations of high speed ground transportation technologies, and provides $5,000,000 in contract authorization for each of fiscal years 1993 through 1997. In fiscal year 1994 a general fund portion was added to the program. The Committee recommends a liquidating cash appropriation of $5,000,000 for the high speed ground transportation program in fiscal year 1996. This is $1,600,000 more than enacted in fiscal year 1995 and $2,118,000 less than the budget request. Limitation on Obligations The Committee recommends an obligation limitation of $5,000,000 for this program in fiscal year 1996. This limitation provides the trust fund share of overall program funding, discussion of which can be found under the heading ``Next generation high speed rail''. Grants to the National Railroad Passenger Corporation Appropriation, fiscal year 1995.........................\1\ $793,500,000 Budget estimate, fiscal year 1996....................... (\2\) Recommended in the bill................................. \3\ 628,000,000 Bill compared with: Appropriation, fiscal year 1995..................... -165,500,000 Budget estimate, fiscal year 1996................... NA \1\ Includes $150,000,000 for mandatory payments and a supplemental appropriation of $21,500,000 for capital grants. \2\ The President's budget proposed to consolidate this program into the United Transportation Infrastructure Investment Program (UTIIP). \3\ Assumes $120,000,000 for mandatory payments and $62,000,000 for transition costs. The National Railroad Passenger Corporation (Amtrak) is a private/public corporation created by the Rail Passenger Service Act of 1970 and incorporated under the laws of the District of Columbia to operate a national rail passenger system. Amtrak started operation on May 1, 1971. Committee Recommendation The Committee recommends a total funding level of $628,000,000 for grants to Amtrak to cover operating losses, capital expenses, and transition costs in fiscal year 1996 subject to authorization. The total funding recommended in the bill compares to $793,500,000 for comparable expenses in fiscal year 1995. The budget proposed to consolidate Amtrak funding under the UTIIP; however, agency officials specified funding requests for Amtrak as reflected in later sections of this report. The President of Amtrak testified before this Committee that in order to reduce operating expenses, legislative reform must occur. He cited 13 specific examples, including liability costs, contracting out, and labor reforms. For example, Amtrak could save between $20,000,000 and $40,000,000 on maintenance of equipment costs if it could contract out. In addition, he later wrote to the Committee that removing constraints on Amtrak's ability to negotiate with non-freight Northeast Corridor users would reduce Amtrak's dependence on federal operating support. Estimates show that Corridor maintenance costs are $200,000,000 per year, of which the commuter railroads pay Amtrak approximately $60,000,000. By removing these constraints, Amtrak could collect up to $30,000,000 more. The Committee's recommended funding is predicated on the belief that reforms will occur, reducing Amtrak's cost. Budget Justifications In the past, Amtrak has provided grant requests detailing operating and capital expenses. In 1996, Amtrak did not provide a comparable document. This made it extremely difficult for the Committee to compare 1995 revenue and expenses to the 1996 request. Because of the new grant request format, Amtrak was unable to provide information on maintenance facility workloads, station renovations, insurance and interest expenses, administrative costs, wage and price increases, depreciation, and inflation. The Committee expects these types of issues to be addressed in Amtrak's grant request next year. Status of Amtrak Since its establishment, Amtrak's financial condition has always been precarious. This condition has deteriorated steadily since 1990, as the gap between operating expenses and total financial resources has widened. At the same time, requirements for capital investments, such as the need for new equipment and improvements to facilities and tracks, have grown significantly. For example, GAO has estimated that Amtrak will require $5 billion to complete electrification, improve capacity, rehabilitate or replace aging right-of-way components along the northern end of the Northeast Corridor, and rehabilitate the southern end of the Corridor. To meet its needs, Amtrak has had to draw down its working capital from a positive balance to a negative balance of $227,000,000 in 1994. In addition, Amtrak has deferred maintenance and reduced staff. On December 14, 1994, Amtrak announced an aggressive, five- year strategic business plan to improve its service quality and productivity. As part of this plan, Amtrak expects to decrease its annual expenses by reducing service by 21 percent through route eliminations and route adjustments, retiring its oldest cars, and reducing 5,500 staff. Also, Amtrak plans to replace all of its non-diner, non-specialty Heritage cars with modern cars, and is promoting the more profitable product lines, like the Auto Train, to provide incremental profits where possible. In addition, Amtrak has formed stronger partnerships with states and cities. In turn, the localities have increased their contributions to reflect the true costs of operating these services. Amtrak expects these actions will close the gap between the operating deficit and federal grants for fiscal year 1995. If successful, the Plan will yield more than $2.1 billion in net savings between the years 1996 and 2000. Monthly financial performance reports show that Amtrak has achieved $81,300,000, or 47 percent of the goal highlighted in the Plan. From October 1994 through March 1995, budget results were better than expected; however, in April and May, 1995, budget results were slightly worse than expected. Amtrak currently predicts that, in the best case, it will have a positive cash flow of $700,000 by the end of fiscal year 1995. In the worst case, if results continue to decline, Amtrak predicts that it would have a $108,300,000 negative cash flow by the beginning of fiscal year 1996. Although these results are encouraging, the Committee continues to remain concerned about the status of Amtrak in light of today's fiscal realities. The gulf between Amtrak's needs and the federal funding available is just too great. While this Committee and the Congress have proven their willingness to finance Amtrak's needs in increasing amounts, the huge magnitude of those needs for the long-term is only now coming to light. The Committee plans to monitor this situation closely. operating expenses The Committee's recommendation provides $398,000,000 for Amtrak's operating losses in fiscal year 1996. This is $144,000,000 less than the level provided for comparable activities in fiscal year 1995 and $122,000,000 less than the administration's request. Included in this total is funding for operating expenses, mandatory retirement payments, and long- term transition and restructuring costs. In this bill, the Committee has reduced operating subsidies for other modal Administrations in addition to Amtrak. The Committee has provided $216,000,000 for routine operating expenses, which is $44,000,000 less than Amtrak had requested and $84,000,000 less than the administration's request. Under its new Strategic Business Plan, Amtrak proposed to reduce its federal operating assistance needs. The Committee has reduced this assistance because monthly financial performance reports show that Amtrak's budget results, year to date, are ahead of the plan. Based on the better than expected results from changes made, the Committee is optimistic that with further service adjustments in June and September, as well as the fact that states are buying back some of the truncated services, Amtrak will have lower operating expenses than earlier projected. Also, the Committee has provided $120,000,000 for mandatory passenger rail service payments. This is the same amount as requested by the administration. These payments are made by Amtrak to the railroad retirement fund and the railroad unemployment insurance account. Should the requirement for these funds be less than anticipated, as has occurred in the past, Amtrak has the flexibility immediately to use those funds for other purposes, rather than await further Congressional action. Finally, the Committee included $62,000,000 for long-term transition and restructuring costs as part of the operating subsidy. The Administration had requested $100,000,000 in a separate line item for these costs. The Committee believes that Amtrak will have fewer transition costs than earlier estimated and, as such, provide funding in the following manner: Management Buyouts...................................... $33,000,000 Route and Service, C-2.................................. 17,000,000 Asset Retirement........................................ 0 Relocation, Training, and Other......................... 12,000,000 -------------------------------------------------------- ____________________________________________________ Total............................................. 62,000,000 Route and Service Liabilities (C-2).--Proposed changes to Amtrak's C-2 liabilities may occur during the reauthorization process. Currently, Amtrak is required to provide six years of severance pay for those employees whose routes are terminated or whose frequency is reduced to less than three times per week. There are ongoing discussions to reduce these payments, which could decrease the costs related to route reductions in September significantly. States' Services.--The Committee believes that some of the transition costs can be reduced or delayed because many states have bought back the reduced or truncated services. For example, in California, the San Jose/Roseville line bought back half a year's service, which reduced C-2 liabilities by $850,000. These buybacks mean that some of the C-2 liability cost will not be incurred in 1995. Asset Retirement.--As part of these transition costs, Amtrak is requesting $48,000,000 for asset retirement. This money is for the value of the fleet being retired (or depreciation). This is a capital requirement, not a transition cost. This Committee has never appropriated money for depreciation and will not do so now. Capital The Committee's recommendation provides $230,000,000 for Amtrak's capital program in fiscal year 1996. This is $21,500,000 less than provided in 1995 and the same as the administration's request. Consistent with the budget request and action taken in fiscal year 1995, the availability of funds is delayed until July 1, 1996. Amtrak has made a compelling case over the past few years that to become self-sufficient, it needs to replace and modernize its physical assets, such as getting rid of its old equipment, overhauling cars and locomotives, and renovating maintenance facilities. In the past, Amtrak has deferred these efforts to save money. Equipment that is not overhauled or serviced on a regular basis has a higher incidence of failure. Both Amtrak and GAO have reported that, by not undertaking these efforts, Amtrak has created costly and inefficient operations. Due to a high backlog of equipment requiring overhaul, Amtrak implemented a progressive overhaul and maintenance program, that is designed to maximize the use of available funds for these efforts as well as increase annual inspections and target component replacement. Amtrak has reported some successes from this effort. For example, in the first quarter of 1995, the total number of locomotive failures declined by close to 30 percent below the failure rate in the preceding year. Funding capital at the budget request will allow Amtrak to more effectively address these issues and reflects the Committee's emphasis on capital investment across all transportation modes. Statutory and regulatory requirements.--Proposed changes to regulatory and statutory requirements may allow Amtrak to postpone when capital is required to meet these deadlines from 1996 to 2001. The Committee directs Amtrak to determine if any of the $35,000,000 requested in the budget for these requirements could be postponed to later years, which would free up funds for other capital needs. Maintenance facilities.--Officials from GAO testified last year about the extremely dilapidated condition of Amtrak's maintenance facilities. At the Beech Grove, Indiana facility, for example, there were holes in the roof and scaffolds on the walls to catch falling masonry. This year, officials from Beech Grove testified about the importance of this maintenance facility. Specifically, Beech Grove overhauls 61 percent of Amtrak's fleet today, including 1,200 cars and 265 locomotives that operate outside of the Northeast Corridor. The Committee sees no way for Amtrak to achieve its new progressive maintenance requirements, or adequately maintain its rolling stock as new equipment is delivered, unless rehabilitation of this and other facilities is undertaken. For this reason, the Committee suggests that Amtrak allocate some funding to rehabilitation of maintenance facilities unless action in the Amtrak reauthorization process makes this unnecessary. Revenue utilization.--The Committee is concerned that Amtrak is not collecting sufficient revenue and is incurring high costs which reduce the amount of funding available for capital improvements, especially along the Northeast Corridor. A recent Amtrak Inspector General report found that Amtrak had a number of uncollected revenues. For example, the report noted that Amtrak had collected $1,550,000 less in rent payments in and around Pennsylvania Station than it was due. In addition, the same report noted that changes in commuter and Amtrak operations were not adequately reflected in data to accurately apportion electric traction maintenance and propulsion power costs. As such, Amtrak incurred a disproportionate percentage of these costs. The report noted that Amtrak should be reimbursed $1,700,000 from commuter agencies. The Committee directs Amtrak to undertake a study to determine if there are better ways to utilize their assets so that Amtrak would have more funds available for its operating and capital needs in future years. Pennsylvania Station Redevelopment Project Appropriation, fiscal year 1995......................... \1\ $40,000,000 Budget estimate, fiscal year 1996....................... (\2\) Recommended in the bill................................................. Bill compared with: Appropriation, fiscal year 1995..................... -40,000,000 Budget estimate, fiscal year 1996................... NA \1\ Amount rescinded in April 1995 but provided $21,500,000 for emergency, life safety needs under Amtrak's capital grant. \2\ The President's budget proposed to consolidate this program into the United Transportation Infrastructure Investment Program (UTIIP). The Committee recommends no funding for grants to Amtrak to redevelop Pennsylvania Station in New York City in fiscal year 1996. Because of emerging priorities in the southern end of the corridor and delays in the electrification project and in procurement of high-speed trainsets, the time it takes Amtrak to reach reliable 3-hour service on the New York to Boston corridor may be delayed further. Since the requirement for Pennsylvania Station redevelopment is based on ridership from high speed service, which is likely to be delayed, Amtrak will not have as many riders using Pennsylvania Station and thus, its redevelopment of the station can be delayed. Overestimation of contract costs.--A recent Amtrak Inspector General report identified a number of problems that Amtrak has at Pennsylvania Station, such as tenants underpaying rent, as previously noted. In addition, the report identified contractual weaknesses. For example, a purchase order for a comprehensive design to rehabilitate and modify the electrical and mechanical systems in the Pennsylvania Station tunnels revealed a number of overstated costs. In another tunnel contract, the Inspector General questioned costs related to asbestos abatement compliance monitoring. The Committee directs Amtrak to pay closer attention to the sole source contracts and purchase orders it enters into for the tunnel work. FEDERAL TRANSIT ADMINISTRATION Summary of Fiscal Year 1996 Program The Federal Transit Administration (FTA) was established as a component of the Department of Transportation by Reorganization Plan No. 2 of 1968, effective July 1, 1968, which transferred most of the functions and programs under the Federal Transit Act (78 Stat. 302; 49 U.S.C. 1601 et seq.), from the Department of Housing and Urban Development. The Federal Transit Administration administers the federal financial assistance programs for planning, developing and improving comprehensive mass transportation systems in both urban and non-urban areas. Much of the funding for the Federal Transit Administration is provided by contract authority, with program levels established by annual limitations on obligations provided in appropriations Acts. However, direct appropriations are required for the Washington Metropolitan Area Transit Authority as well as for portions of certain other accounts. The total recommended funding for FTA for fiscal year 1996 is $3,992,510,000 including $1,217,510,000 in direct appropriations and $2,775,000,000 in limitations on the use of contract authority. This is $621,830,000 less than the enacted fiscal year 1995 program level. The following table summarizes the fiscal year 1995 program levels, the fiscal year 1996 program requests, and the Committee's recommendations: ------------------------------------------------------------------------ Fiscal year Program Fiscal year 1996 budget Committee 1995 enacted estimate recommendation ------------------------------------------------------------------------ Administrative expenses... \1\ $43,060 \2\ ($44,202 ) $39,260 Formula grants............ 2,500,000 \2\ (500,000 ) 2,000,000 Discretionary grants \3\.. 1,725,000 \4\ (724,976 ) 1,665,000 Transit planning and research................. 92,250 \2\ (100,027 ) 82,250 University transportation centers.................. 6,000 \2\ (6,000) 6,000 Interstate transfer grants--transit.......... 48,030 ............ .............. Washington Metro.......... 200,000 \2\ (200,000 ) 200,000 Violent Crime Reduction Program.................. .............. 5,000 .............. --------------------------------------------- Total............... 4,614,340 5,000 3,992,510 ------------------------------------------------------------------------ \1\ Reductions of $277,000 to comply with working capital fund, awards and procurement reform provisions and transfer of $188,300 for consolidated civil rights office not reflected. \2\ Funding included under UTIIP. \3\ Includes obligation limitation on contract authority in 1995 and 1996. \4\ Full Funding grant agreements included under Unified Transportation Infrastructure Investment Program within the line item ``Prior Commitments''. Administrative Expenses Appropriation, fiscal year 1995......................... $43,060,000 Budget estimate, fiscal year 1996....................... 44,202,000 Recommended in the bill................................. 39,260,000 Bill compared with: Appropriation, fiscal year 1995..................... -3,800,000 Budget estimate, fiscal year 1996................... -4,942,000 The bill includes a total of $39,260,000 for administrative expenses of the Federal Transit Administration. This amount, plus the use of any available unrestricted authorities, should provide sufficient funds for FTA's personnel and support requirements. The recommendation should fund 492 full time equivalent staff years, a reduction of 13 from 1995 levels. The recommendation assumes the following adjustments to the request: Disallow transfer of external civil rights functions.... +$953,000 Hold non-pay inflationary adjustment to 1.5 percent..... -53,000 Reduce funds for employee relocation and training....... -300,000 Reduce funds for electronic grant making and area wide network systems to $450,000......................... -777,000 Undistributed........................................... -4,871,000 WMATA oversight.--The Committee is displeased to learn that the Federal Transit Administration has elected to transfer the oversight of Washington Metropolitan Area Transit Authority (WMATA) to the regional office located in Philadelphia, Pennsylvania. Regional offices were created to bring the federal government closer to the grantee. This transfer moves the federal government farther from the grantee and adds an additional layer of red tape. With the transfer, all significant decisions will have to go through Philadelphia and will inevitably be referred to FTA headquarters. This appears to make little sense since WMATA is located in the nation's capital and literally a few blocks from the Department of Transportation's Washington metropolitan offices. Furthermore, the Department has not provided an analysis of the efficiencies and cost-savings associated with this transfer. Therefore, the bill includes language that requires FTA oversight of WMATA be conducted from FTA's Washington metropolitan offices. Grants management.--The Committee has provided $450,000 to support full implementation of the grants management system in fiscal year 1996. The Committee commends the Federal Transit Administration for the substantial progress that it has made in addressing its grants management weaknesses. Over the last two years, a concerted effort has been sustained to improve FTA oversight procedures, and, more importantly, change the attitudes of its oversight staff and its grantees toward safeguarding federal funds. However, the Committee is concerned that the FTA has no mechanism in place to assess the effectiveness of its actions. The FTA is directed to develop and establish performance measures to evaluate whether the actions being implemented are achieving their expected results. These performance measures are to be developed and implemented by December 31, 1995. Formula Grants ------------------------------------------------------------------------ Appropriation(General Limitation(Trust Fund) Fund) ------------------------------------------------------------------------ Appropriation, fiscal year 1995......................... <SUP>1 $1,350,000,000 ($1,150,000,000) Budget estimate, fiscal year 1996......................... (-) (<SUP>2) Recommended in the bill....... 890,000,000 (1,110,000,000) Bill compared with: Appropriation, fiscal year 1995..................... -460,000,000 (-40,000,000) Budget estimate, fiscal year 1996................ NA NA ------------------------------------------------------------------------ <SUP>1 Reductions of $89,000 to comply with working capital fund, awards and procurement reform provisions not reflected. <SUP>2 The president's budget proposed to consolidate this program into the Unified Transportation Infrastructure Program. The Committee recommends $2,000,000,000 for formula grants. This amount is $500,000,000 less than the 1995 levels. Formula grant funds are available for capital and operating assistance to both urbanized and non-urbanized areas, and for capital assistance to organizations providing service to elderly and disabled persons. Operating assistance.--The administration's budget proposed to reduce transit operating assistance by $210,000,000, or 30 percent below the level provided in fiscal year 1995. Transit operating grants have been funded at approximately $800,000,000 for seven years. The effects of inflation alone have greatly eroded the purchasing power of the federal contribution to operating assistance. In 1980, federal operating assistance represented 16.8 percent of all transit revenue for operations. By 1992, federal operating assistance had declined to only 5.8 percent. At the same time that the federal contribution for operating assistance has declined, the federal government has placed additional unfunded mandates on transit operators. When fully implemented, the Americans with Disabilities Act will result in additional operating costs for transit operators of $700,000,000 to $900,000,000. The Clean Air Act, Buy American, and federal alcohol and drug testing requirements place additional burdens on transit authorities. Numerous transit authorities and Members of Congress communicated to the Committee the hope that transit operating subsidies could be restored to the 1995 level. Unfortunately, budget limitations preclude the Committee from making a restoration. The Committee's recommendation for operating subsidies is $400,000,000. The Committee notes that for larger cities, federal operating assistance generally represents 10 percent or less of total operating expenses. A reduction of 25 percent in the federal contribution for the larger cities is painful but they have more resources on which to rely. For smaller communities, where federal assistance may represent 30 to 40 percent or more of total operating costs, such a reduction could be painful. Without adequate time to prepare for alternative funding sources, such reductions could pose special difficulties. Many smaller authorities might face options of either cutting back on service or raising prices significantly to make up the shortfall. The Committee urges the Federal Transit Administration to review the program thoroughly in conjunction with submittal of the fiscal year 1997 budget and make further recommendations as appropriate. Further reductions in the level of operating assistance may be unavoidable, and the Committee would hope that a system could be devised that would take performance- based criteria into account, rather than merely reducing properties by a uniform percentage across the board. The Committee also encourages the appropriate authorizing committees to review the formula by which operating assistance is distributed and take appropriate action to minimize the effect on small and rural authorities. In addition, the FTA is urged to work with various transit agencies and their associations to determine what additional regulatory relief may be necessary. In light of this difficult funding decision, the Committee has included two provisions that should mitigate the reductions in operating assistance by at least $200,000,000 annually: (1) repeal of 13(c) of the Federal Transit Act and an abrogation of existing labor agreements, and (2) a provision that will permit bus overhauls to be considered as a capital expense. 13(c) of the Federal Transit Act.--The Committee has included a provision (Sec. 343) that repeals Section 13(c) of the Federal Transit Act, and cancels existing agreements. Section 13(c) generally requires, as a precondition to a grant of federal assistance by the Federal Transit Administration, that protective arrangements must be made by the grantee to protect employees affected by such assistance. The statute requires that provisions addressing specific matters, including preservation of collective bargaining rights, must be included in such protective arrangements. Like Amtrak, these protective arrangements also provide transit workers, depending on their length of employment, up to 6 years of full compensation and benefits. Many transit authorities have informed the Committee that section 13(c) labor protection has become a costly, outdated and burdensome component of the federal transit program that has impeded innovation, efficiency and growth in the provision of transit services, including the institution of new or restructured services. Last year, the Committee noted that numerous grants for section 3 and 9 transit projects had been delayed due to processing by the Department of Labor under section 13(c) of the Federal Transit Act. In many instances, these transit projects provide not only critical operating and capital assistance to improve transit services, but also provide needed jobs and funding for compliance with Congressional mandates, such as the Clean Air Act and the Americans with Disabilities Act. When Federal support for transit operating assistance and capital programs is diminishing, transit authorities must have the flexibility to adjust to these reductions. At this time, transit authorities cannot forgo cost savings inherent in contracting out services, using part-time workers, restructuring routes or schedules and using more cost effective equipment which have been lost due to 13(c) obligations or the threat of 13 (c) claims. Bus overhauls.--The Committee has also included language (Sec. 334) that amends federal transit laws to permit periodic bus overhauls to be considered as a capital expense, as requested in the budget and advocated by the American Public Transit Association. Under existing law, bus rehabilitations are eligible as capital expenses after March 31, 1996, only if they increase the useful life of the vehicle by more than 5 years, and bus remanufacturing is eligible if it extends the useful life by more than 8 years. The provision would make the ground rules for bus remanufacturing consistent with the legislation already in place for rail rolling stock. The intent of this provision is to provide transit operators with increased flexibility to use federal funds in the most effective manner, remove the bias towards purchasing new equipment rather than maintaining existing equipment (much of which was acquired with federal funds), and make federal highway and transit funding requirements more consistent. This change will help alleviate the impact of federal operating assistance reductions and help assure that transit service and fare levels are maintained. Bus operators will immediately benefit from greater flexibility in how they manage and maintain federally funded assets. The Committee and the Administration estimates that allowing periodic bus overhauls to be considered as a capital expense could make eligible for capital grants as much as $200,000,000 per year in rebuilding costs. The Committee notes that capital costs for transit projects eligible for assistance under the Federal Transit Act and publicly owned intracity or intercity bus terminals and facilities are eligible expenses under the surface transportation program (STP). Public transportation facilities and equipment and intermodal transportation facilities and systems, where it can be demonstrated they are likely to contribute to the attainment of a national ambient air quality standard are eligible expenses of the congestion mitigation/air quality improvement program (CMAQ). Funds made available for these programs may be ``flexed'' and alleviate reductions in transit capital funds. The Committee recommendation includes $4,733,993,000 for STP and $967,017,000 for CMAQ, increases of $331,877,000 and $56,778,000, respectively, over last year. Flexible funds transferred from the FHWA to the FTA have increased significantly since the passage of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), especially funding from the STP and CMAQ programs. The FTA reports that nearly $2 billion in flexible funding from STP and CMAQ programs has been transferred to transit and intermodal projects since ISTEA's passage, indicating that transit systems, metropolitan planning organizations, and state departments of transportation are succesfully implementing the planning provisions of ISTEA. SUMMARY TABLE OF FLEXIBLE FUNDING TRANSFERS TO FTA AND OBLIGATIONS [As of May 31, 1995, In millions of dollars] ------------------------------------------------------------------------ Fiscal year-- ---------------------------------------- Cumulative 1992 1993 1994 1995 ------------------------------------------------------------------------ Transfers to FTA: CMAQ............ $177.0 $298.4 $317.0 $353.6 $1,146.0 STP............. 25.2 146.9 183.2 117.1 472.4 Interstate substitute..... 100.0 0.1 83.3 83.3 266.7 FHWA earmarks... 1.4 23.8 26.2 31.3 82.7 FAUS............ 0.2 ........ ........ ........ 0.2 --------------------------------------------------- Total transfers to FTA.......... 303.6 469.2 609.7 585.3 1,967.8 Carryover from previous year (including recoveries/ adjustments): CMAQ............ n/a 55.8 65.8 106.9 STP............. n/a 4.4 25.3 112.6 Interstate substitute..... n/a ........ ........ ........ FHWA earmarks... n/a ........ 9.9 20.1 FAUS............ n/a ........ ........ ........ ---------------------------------------- Total carryover.... n/a 60.2 \1\ 101. 0 239.6 Available to FTA: CMAQ............ 177.0 354.2 382.8 460.5 STP............. 25.2 151.3 208.5 229.7 Interstate substitute..... 100.0 0.1 83.3 83.3 FHWA earmarks... 1.4 23.8 36.1 51.4 FAUS............ 0.2 ........ ........ ........ ---------------------------------------- Total available to FTA.......... 303.8 529.4 710.7 824.9 Obligated by FTA: CMAQ............ 121.2 289.0 259.7 340.1 1,010.0 STP............. 20.8 125.7 114.8 138.7 400.0 Interstate substitute..... 100.0 0.1 83.3 83.3 266.7 FHWA earmarks... 1.4 13.8 16.0 44.8 76.0 FAUS............ 0.2 ........ ........ ........ 0.2 --------------------------------------------------- Total obligated by FTA.......... 243.6 428.6 473.8 606.9 1,752.9 Pending obligation (carryover): CMAQ............ 55.8 65.2 123.1 120.4 STP............. 4.4 25.6 93.7 91.0 Interstate substitute..... ........ ........ ........ ........ FHWA earmarks... ........ 10.0 20.1 6.6 FAUS............ ........ ........ ........ ........ ---------------------------------------- Total pending obligation... 60.2 100.8 236.9 218.0 ------------------------------------------------------------------------ \1\ Note.--Carryover includes current year recoveries/adjustments from prior year(s) obligations/transfers. FY 92 obligations represent 26 projects in 18 states. FY 93 obligations represent 155 projects in 38 states. FY 94 obligations represent 166 projects in 38 states. FY 95 obligations represent 134 projects in 30 states. The Committee encourages the Federal Transit Administration to work with transit authorities to maximize the full potential of the flexible funding provisions of ISTEA. Formula grants apportionments.--The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) made a number of major changes in the formula grants program of the Federal Transit Administration. As indicated, the Federal Transit Act still provides formula allocated programs of capital and operating assistance for urbanized areas under section 9 and for non-urbanized areas under section 18. However, as a result of ISTEA, the section 16(b)(2) program of grants for services to elderly and disabled persons is now distributed by a statutory formula rather than by a discretionary administrative formula and thus becomes a part of the FTA's formula grants program. In addition, the rural transit assistance program, which was formerly a part of the formula grants program, is now a part of the authorization for transit planning and research and is described under that heading. The amount recommended would be distributed as follows: Urbanized areas with populations of 200,000 or more.--These areas would receive $1,656,335,386 (not including the one-half percent set-aside). Urbanized areas under 200,000 population.--These areas would receive $176,382,304 (not including the one-half percent set-aside) to be distributed 50 percent based on population and 50 percent based on population density. Non-urbanized areas.--These areas would receive $107,202,119. These funds are distributed based on non- urbanized area population. Elderly and disabled.--The section 16(b)(2) program would receive $50,870,554. The ISTEA made the following changes in the elderly and disabled program: (1) the former administrative allocation is now statutory; (2) eligibility is expanded to public bodies that coordinate elderly and disabled services; (3) project eligibility is expanded to cover certain capital costs in operating contracts; and (4) vehicles purchased under this program may be leased to public bodies and may be used for meals-on-wheels service. Table showing the distribution of formula grant funding recommended in the bill follow: Fiscal Year 1996 Section 9 Formula Apportionments AMOUNTS APPORTIONED TO URBANIZED AREAS OVER 1,000,000 IN POPULATION ------------------------------------------------------------------------ Operating Ubanized area Total assistance apportionment limitations ------------------------------------------------------------------------ Atlanta, GA....................... $24,614,444 $3,029,801 Baltimore, MD..................... 22,462,363 4,849,442 Boston, MA........................ 49,857,478 9,104,802 Chicago, IL-Northwestern IN....... 125,994,715 25,224,844 Cincinnati, OH-KY................. 9,065,773 2,626,818 Clevland, OH...................... 15,354,750 4,806,205 Dallas-Fort Worth, TX............. 23,167,191 4,309,939 Denver, CO........................ 14,064,351 2,942,363 Detroit, MI....................... 23,737,452 10,670,060 Ft. Lauderdale-Hollywood-Pompano Bch, FL.......................... 12,858,244 3,659,453 Houston, TX....................... 26,760,365 4,528,840 Kansas City, MO-KS................ 6,586,626 2,225,760 Los Angeles, CA................... 117,234,520 28,459,056 Miami-Hialeah, FL................. 26,952,080 4,180,275 Milwaukee, WI..................... 11,310,759 2,723,649 Minneapolis-St. Paul, MN.......... 16,225,779 3,631,574 New Orleans, LA................... 10,244,538 3,294,360 New York, NY-Northeastern NJ...... 402,078,449 65,909,181 Norfolk-Virginia Beach-Newport News, VA......................... 7,698,559 2,092,594 Philadelphia, PA-NJ............... 73,506,364 15,866,092 Phoenix, AZ....................... 14,268,460 2,346,418 Pittsburgh, PA.................... 21,619,779 4,736,007 Portland-Vancouver, OR-WA......... 13,689,336 2,194,440 Riverside-San Bernardino, CA...... 10,668,751 1,254,240 Sacramento, CA.................... 8,200,858 1,734,602 San Antonio, TX................... 12,169,587 2,282,428 San Diego, CA..................... 22,496,954 3,641,907 San Francisco-Oakland, CA......... 74,426,318 9,697,006 San Jose, CA...................... 18,718,182 3,294,592 San Juan, PR...................... 16,567,835 3,744,556 Seattle, WA....................... 31,053,345 3,077,101 St. Louis, MO-IL.................. 14,131,498 4,781,113 Tampa-St. Petersburg-Clearwater, FL............................... 10,447,664 2,603,143 Washington, DC-MD-VA.............. 61,140,220 8,417,938 ------------------------------------- Total....................... 1,349,373,587 257,940,602 ------------------------------------------------------------------------ AMOUNTS APPORTIONED TO URBANIZED AREAS 200,000 TO 1,000,000 IN POPULATION ------------------------------------------------------------------------ Operating Urbanized area Total assistance apportionment limitations ------------------------------------------------------------------------ Akron, OH......................... $3,753,207 $1,148,687 Albany-Schenectady-Troy, NY....... 4,485,474 1,114,100 Albuquerque, NM................... 3,598,403 769,914 Allentown-Bethlehem-Easton, PA-NJ. 2,821,851 1,164,829 Anchorage, AK..................... 1,535,538 380,142 Ann Arbor, MI..................... 2,403,474 488,418 Augusta, GA-SC.................... 1,303,574 389,076 Austin, TX........................ 7,331,311 732,699 Bakersfield, CA................... 2,340,553 477,745 Baton Rouge, LA................... 1,858,541 638,412 Birmingham, AL.................... 3,706,281 1,172,716 Bridgeport-Milford, CT............ 3,962,452 1.018,133 Buffalo-Niagara Falls, NY......... 8,218,665 2,988,539 Canton, OH........................ 1,263,221 562,523 Charleston, SC.................... 1,964,142 533,329 Charlotte, NC..................... 3,812,871 642,938 Chattanooga, TN-GA................ 1,597,602 484,686 Colorado Springs, CO.............. 2,413,191 481,153 Columbia, SC...................... 1,738,934 544,473 Columbus, GA-AL................... 1,131,383 407,956 Columbus, OH...................... 7,324,428 2,167,529 Corpus Christi, TX................ 2,347,424 428,127 Davenport-Rock Island-Moline, IA- IL............................... 1,919,302 557,060 Dayton, OH........................ 8,048,369 1,442,320 Daytona Beach, FL................. 1,404,776 386,832 Des Moines, IA.................... 1,748,300 542,546 Durham, NC........................ 1,773,523 398,718 El Paso, TX-NM.................... 5,357,699 887,385 Fayetteville, NC.................. 972,805 366,925 Flint, MI......................... 2,947,988 754,704 Fort Myers-Cape Coral, FL......... 1,391,332 281,786 Fort Wayne, IN.................... 1,274,563 538,143 Fresno, CA........................ 3,398,317 724,199 Grand Rapids, MI.................. 2,831,669 765,449 Greenville, SC.................... 1,355,759 369,980 Harrisburg, PA.................... 1,649,004 558,765 Hartford-Middletown, CT........... 5,904,933 1,133,925 Honolulu, HI...................... 14,292,094 1,404,341 Indianapolis, IN.................. 5,518,618 1,886,916 Jackson, MS....................... 1,263,106 446,062 Jacksonville, FL.................. 5,214,342 999,771 Knoxville, TN..................... 1,594,193 444,669 Lansing-East Lansing, MI.......... 2,175,867 574,012 Las Vegas, NV..................... 6,437,138 681,390 Lawrence-Haverhill, MA-NH......... 2,304,442 421,807 Lexington-Fayette, KY............. 1,355,989 639,856 Little Rock-North Little Rock, AR. 1,657,790 511,637 Lorain-Elyria, OH................. 857,444 385,955 Louisville, KY-IN................. 7,048,873 1,927,119 Madison, WI....................... 3,243,770 492,277 McAllen-Edinburg-Mission, TX...... 891,131 408,979 Melbourne-Palm Bay, FL............ 2,252,910 347,717 Memphis, TN-AR-MS................. 5,945,993 1,786,033 Mobile, AL........................ 1,619,882 497,703 Modesto, CA....................... 1,918,493 489,838 Montgomery, AL.................... 1,055,846 506,435 Nashville, TN..................... 3,530,254 828,076 New Haven-Meriden, CT............. 6,164,211 1,144,081 Ogden, UT......................... 1,958,844 345,789 Oklahoma City, OK................. 3,414,538 1,146,097 Omaha, NE-IA...................... 3,824,408 1,175,399 Orlando, FL....................... 6,851,996 864,885 Oxnard-Ventura, CA................ 2,620,873 670,751 Pensacola, FL..................... 1,249,359 374,848 Peoria, IL........................ 1,487,534 522,279 Providence-Pawtucket, RI-MA....... 10,497,418 2,347,879 Provo-Orem, UT.................... 1,757,036 402,524 Raleigh, NC....................... 1,796,819 361,204 Reno, NV.......................... 2,580,586 416,401 Richmond, VA...................... 4,251,141 956,723 Rochester, NY..................... 4,798,391 1,533,651 Rockford, IL...................... 1,247,727 480,621 Salt Lake City, UT................ 8,328,259 1,213,000 Sarasota-Bradenton, FL............ 2,434,998 626,163 Scranton-Wilkes-Barre, PA......... 2,249,759 860,514 Shreveport, LA.................... 1,732,155 521,516 South Bend-Mishawaka, IN-MI....... 1,568,347 569,709 Spokane, WA....................... 3,763,931 552,822 Springfield, MA-CT................ 4,312,934 1,004,381 Stockton, CA...................... 2,069,073 663,194 Syracuse, NY...................... 3,395,661 941,616 Tacoma, WA........................ 6,039,100 769,671 Toledo, OH-MI..................... 3,792,671 1,111,998 Trenton, NJ-PA.................... 2,970,471 981,809 Tucson, AZ........................ 5,567,145 822,607 Tulsa, OK......................... 2,984,602 778,857 West Palm Bch-Boca Raton-Delray Bch, FL.......................... 8,464,696 819,758 Wichita, KS....................... 2,038,667 673,803 Wilmington, DE-NJ-MD-PA........... 3,818,567 996,549 Worcester, MA-CT.................. 2,223,483 575,229 Youngstown-Warren, OH............. 1,637,365 886,167 ------------------------------------- Total....................... 306,961,799 72,237,949 ------------------------------------------------------------------------ AMOUNTS APPORTIONED TO STATE GOVERNORS FOR URBANIZED AREAS 50,000 TO 200,000 IN POPULATION ------------------------------------------------------------------------ Operating State/Urbanized areas Total assistance apportionment limitations ------------------------------------------------------------------------ Alabama........................... $3,312,538 $1,480,233 Alaska............................ 0 0 Arizona........................... 525,971 155,467 Arkansas.......................... 1,265,629 599,943 California........................ 19,386,682 5,108,923 Colorado.......................... 3,572,184 1,381,582 Connecticut....................... 11,888,266 3,412,754 Delaware.......................... 269,494 71,673 Florida........................... 8,213,586 2,368,432 Georgia........................... 3,596,112 1,629,865 Hawaii............................ 955,758 357,448 Idaho............................. 1,891,612 608,269 Illinois.......................... 8,664,535 4,034,863 Indiana........................... 5,053,534 2,301,402 Iowa.............................. 2,751,078 1,335,448 Kansas............................ 1,335,736 570,870 Kentucky.......................... 1,052,778 477,421 Louisiana......................... 3,117,891 1,403,885 Maine............................. 1,356,961 607,297 Maryland.......................... 1,509,010 564,518 Massachusetts..................... 5,976,384 3,012,942 Michigan.......................... 5,099,999 2,466,676 Minnesota......................... 1,817,491 819,479 Mississippi....................... 1,560,348 681,074 Missouri.......................... 2,150,185 905,344 Montana........................... 1,431,385 650,382 Nebraska.......................... 1,591,263 588,626 Nevada............................ ................. ................. New Hampshire..................... 1,932,360 699,260 New Jersey........................ 1,464,117 872,978 New Mexico........................ 797,291 260,185 New York.......................... 4,423,632 2,168,937 North Carolina.................... 7,181,334 2,860,008 North Dakota...................... 1,395,326 522,021 Ohio.............................. 3,836,494 1,844,101 Oklahoma.......................... 597,129 290,265 Oregon............................ 3,114,023 1,070,503 Pennsylvania...................... 8,140,607 3,853,309 Puerto Rico....................... 7,520,213 2,487,985 Rhode Island...................... 478,682 185,005 South Carolina.................... 2,027,155 761,051 South Dakota...................... 1,006,544 393,123 Tennessee......................... 1,557,802 666,941 Texas............................. 14,423,855 5,774,321 Utah.............................. 288,287 76,674 Vermont........................... 505,860 183,576 Virginia.......................... 3,357,868 1,510,205 Washington........................ 3,173,247 1,083,128 West Virginia..................... 2,438,801 1,360,681 Wisconsin......................... 6,676,323 2,955,935 Wyoming........................... 698,945 346,441 ------------------------------------- Total....................... 176,382,304 69,821,449 ===================================== over 1,000,000 in population...... 1,349,373,587 257,940,602 200,000-1,000,000 in population... 306,961,799 72,237,949 50,000-200,000 in population...... 176,382,304 69,821,449 ------------------------------------- Totals...................... 1,832,717,690 400,000,000 Section 23 Set-Aside.............. 9,209,637 ................. ------------------------------------- National Totals............. 1,841,927,327 400,000,000 ------------------------------------------------------------------------ SECTION 16 APPORTIONMENTS AMOUNTS ALLOCATED TO STATES ------------------------------------------------------------------------ State Allocation ------------------------------------------------------------------------ Alabama........................................ $882,486 Alaska......................................... 169,522 American Samoa................................. 51,753 Arizona........................................ 782,367 Arkansas....................................... 627,542 California..................................... 4,620,468 Colorado....................................... 614,985 Connectiut..................................... 699,407 Delaware....................................... 237,388 District of Columbia........................... 235,897 Florida........................................ 3,129,691 Georgia........................................ 1,133,542 Guam........................................... 130,830 Hawaii......................................... 292,096 Idaho.......................................... 298,073 Illinois....................................... 2,035,960 Indiana........................................ 1,085,471 Iowa........................................... 671,906 Kansas......................................... 569,161 Kentucky....................................... 847,253 Louisiana...................................... 849,876 Maine.......................................... 363,595 Maryland....................................... 853,724 Massachusetts.................................. 1,213,668 Michigan....................................... 1,747,157 Minnesota...................................... 865,249 Mississippi.................................... 610,703 Missouri....................................... 1,100,274 Montana........................................ 276,472 Nebraska....................................... 412,003 Nevada......................................... 315,815 New Hampshire.................................. 300,362 New Jersey..................................... 1,449,798 New Mexico..................................... 366,726 New York....................................... 3,311,609 North Carolina................................. 1,284,166 North Dakota................................... 240,751 Northern Marianas.............................. 51,601 Ohio........................................... 2,123,177 Oklahoma....................................... 736,126 Oregon......................................... 686,925 Pennsylvania................................... 2,538,362 Puerto Rico.................................... 653,508 Rhode Island................................... 327,622 South Carolina................................. 712,760 South Dakota................................... 257,080 Tennessee...................................... 1,035,435 Texas.......................................... 2,620,396 Utah........................................... 344,223 Vermont........................................ 218,817 Virgin Islands................................. 132,403 Virginia....................................... 1,075,698 Washington..................................... 968,491 West Virginia.................................. 530,611 Wisconsin...................................... 988,018 Wyoming........................................ 191,555 ------------------------ Total.................................... 50,870,554 ------------------------------------------------------------------------ SECTION 18 FORMULA APPORTIONMENTS AND RURAL TRANSIT ASSISTANCE PROGRAM ALLOCATIONS TO THE STATES FOR NONURBANIZED AREA ------------------------------------------------------------------------ Section 18 State apportionment RTAP allocation ------------------------------------------------------------------------ Alabama........................... $2,546,646 $92,760 Alaska............................ 379,760 56,376 American Samoa.................... 54,128 10,909 Arizona........................... 1,167,922 69,610 Arkansas.......................... 2,035,938 84,185 California........................ 4,969,061 133,434 Colorado.......................... 1,060,696 67,810 Connecticut....................... 962,151 66,155 Delaware.......................... 240,034 54,030 Florida........................... 3,194,332 103,635 Georgia........................... 3,723,468 112,520 Guam.............................. 154,089 12,587 Hawaii............................ 417,902 57,017 Idaho............................. 843,106 64,156 Illinois.......................... 3,416,074 107,358 Indiana........................... 3,299,850 105,407 Iowa.............................. 2,122,496 85,638 Kansas............................ 1,688,378 78,349 Kentucky.......................... 2,787,144 96,798 Louisiana......................... 2,305,170 88,705 Maine............................. 1,112,334 68,677 Maryland.......................... 1,388,696 73,317 Massachusetts..................... 1,488,260 74,989 Michigan.......................... 4,030,463 117,674 Minnesota......................... 2,319,299 88,943 Mississippi....................... 2,263,334 88,003 Missouri.......................... 2,701,386 95,358 Montana........................... 682,982 61,468 Nebraska.......................... 1,030,534 67,303 Nevada............................ 336,454 55,649 New Hampshire..................... 890,841 64,958 New Jersey........................ 1,273,714 71,387 New Mexico........................ 1,001,332 66,813 New York.......................... 4,483,625 125,283 North Carolina.................... 4,762,934 129,973 North Dakota...................... 505,096 58,481 Northern Marianas................. 50,161 10,842 Ohio.............................. 4,848,998 131,418 Oklahoma.......................... 2,072,897 84,805 Oregon............................ 1,645,898 77,636 Pennsylvania...................... 5,409,108 140,823 Puerto Rico....................... 1,616,412 77,141 Rhode Island...................... 207,065 53,477 South Carolina.................... 2,383,873 90,027 South Dakota...................... 615,672 60,338 Tennessee......................... 3,077,307 101,670 Texas............................. 6,497,051 159,092 Utah.............................. 466,714 57,836 Vermont........................... 550,464 59,243 Virgin Islands.................... 117,817 11,978 Virginia.......................... 2,728,331 95,811 Washington........................ 1,911,707 82,099 West Virginia..................... 1,625,502 77,293 Wisconsin......................... 2,808,677 97,160 Wyoming........................... 392,825 56,596 ------------------------------------- Total....................... $106,666,108 $4,381,000 ===================================== Section 23 set-aside.............. 536,011 ................. ------------------------------------- National total.............. $107,202,119 $4,381,000 ------------------------------------------------------------------------ University Transportation Centers Appropriation, fiscal year 1995......................... $6,000,000 Budget estimate, fiscal year 1996....................... (\1\) Recommended in the bill................................. 6,000,000 Bill compared with: Appropriation, fiscal year 1995..................................... Budget estimate, fiscal year 1996................... NA \1\ The President's budget proposed to consolidate this program into the Unified Transportation Infrastructure Investment Program. The Committee has approved the budget request of $6,000,000 for the university transportation centers program. ISTEA added three centers to the ten previously established. These centers conduct research, training, and development activities related to the transportation of passengers and property. The Regional Centers and their focus areas are: Region I--Massachusetts Institute of Technology, Strategic Management of Transportation Systems. Region II--City University of New York, Regional Mobility and Accessibility Investment Strategies. Region III--Pennsylvania State University, Advanced Technologies in Transportation Operations and Management. Region IV--University of Tennessee, Transportation Safety. Region V--University of Michigan, Commercial Highway Transportation. Region VI--Texas A&M University, Mobility for Regional Development. Region VII--University of Nebraska, Midwestern and Rural Transportation Policy, Planning, and System Management. Region VIII--North Dakota State University, Rural and Non- Metropolitan Transportation. Region IX--University of California, Berkeley, Improving Accessibility for All. Region X--University of Washington, Operations Management and Planning. The National Centers are: National Center for Transportation and Industrial Productivity at the New Jersey Institute of Technology, National Center for Transportation Management, Research & Development at Morgan State University, and Mack-Blackwell National Rural Transportation Study Center at the University of Arkansas. Transit Planning and Research Appropriation, fiscal year 1995......................... \1\ $92,250,000 Budget estimate, fiscal year 1996....................... 100,027,000 Recommended in the bill................................. 82,250,000 Bill compared with: Appropriation, fiscal year 1995..................... -10,000,000 Budget estimate, fiscal year 1996................... -17,777,000 \1\ Reductions of $171,000 to comply with procurement reform provision not reflected. The Committee recommends a total of $82,250,000 for the planning and research, training, and human resources programs of the FTA. The bill reduces appropriations for all programs of the transit planning and research by five percent due to budget constraints, other than the national program which is reduced by $14,472,000. The bill contains language specifying that $39,436,250 shall be available for the metropolitan planning program, $4,381,000 for the rural transit assistance program, $8,051,250 for the transit cooperative research program, $19,480,000 for the national program, $8,051,250 for the state program and $2,850,000 for the National Transit Institute. National program.--The Committee has reduced the national transit planning and research program in fiscal year 1996. A number of low-priority, non-essential programs, including the transit ambassadors program, step-by-step diversity training for FTA grantees, outreach activities, grants to universities and colleges to create transportation courses, the environmental justice program, transit educational materials for children, the ``Coming and Going'' education program, and livable communities initiatives have been deleted. Continued support in fiscal year 1996 is provided for a number of important, ongoing initiatives including: Team transit program of the Minnesota Metropolitan Commission.......................................... $500,000 Project ACTION (Accessible Community Transportation in our Nation)......................................... 2,000,000 Advanced technology transit bus......................... 2,000,000 Fuel cell bus technology................................ 2,000,000 Research on large circuit breakers and switch gears..... 1,000,000 Dulles corridor studies................................. 1,000,000 Hennepin County, Minnesota community works program...... 1,000,000 Santa Barbara Electric Transportation Institute.--The FTA is urged to give consideration to a proposal developed by the Santa Barbara Electric Transportation Institute relating to an automatic data collection and safety monitoring program to assist driver, safety and maintenance functions. Battery-powered buses.--Recognizing the potential for U.S. industry expansion, the Committee has consistently expressed its support for alternative fueled vehicles and advanced transportation technology. The Committee urges the administrator to assist the Santa Barbara Metropolitan Transit District in acquiring state-of-the-art battery-powered buses to contribute to the planned demonstration of battery-powered buses at the 1996 Olympic games so not to diminish the scope of the demonstration. Hennepin County, Minnesota community works program.--The Committee has provided $1,000,000 for the Hennepin County community works program. This program will show how public works programs can be developed in communities nationwide to promote alternative forms of transportation, employment and tax-base development. The Hennepin County community works program shall examine potential unique and alternative transportation and transportation corridor enhancement projects in Hennepin County and serve as a national model. Trust Fund Share of Expenses (Liquidation of Contract Authorization) (Highway Trust Fund) Appropriation, fiscal year 1995.........................$(1,150,000,000) Budget estimate, fiscal year 1996....................... (1,120,850,000) Recommended in the bill................................. (1,120,850,000) Bill compared with: Appropriation, fiscal year 1995..................... (-29,150,000) Budget estimate, fiscal year 1996................... (--) For fiscal year 1996, the Committee has provided $1,120,850,000 in liquidating cash for the trust fund share of transit expenses. Discretionary Grants (Limitation on obligations) (Highway Trust Fund) Limitation, fiscal year 1995........................\1\ ($1,725,000,000) Budget estimate, fiscal year 1996....................... (\2\) Recommended in the bill................................. (1,665,000,000) Bill compared with: Limitation, fiscal year 1995........................ (-60,000,000) Budget estimate, fiscal year 1996................... NA \1\ Reductions of $96,000 to comply with working capital fund, awards and procurement reform provisions not reflected. \2\ The President's budget proposed to consolidate this program into the Unified Transportation Infrastructure Investment Program. The bill includes language limiting to $1,665,000,000 obligations for the discretionary grants program. This level represents the fully-authorized amount for expenditures from the trust fund. The Intermodal Surface Transportation Efficiency Act of 1991 provides $1,665,000,000 in contract authority for the discretionary grants program from the mass transit account of the highway trust fund. In addition, the legislation authorizes $385,000,000 in general Treasury funds for this program. The following table shows the fiscal year 1995 limitation, fiscal year 1996 budget estimate, and Committee recommendation: ------------------------------------------------------------------------ 1995 Enacted 1996 Request Recommended ------------------------------------------------------------------------ Fixed guideway mod........... $725,000,000 (\1\) 666,000,000 Bus and bus facilities.... 353,330,000 (\1\) 333,000,000 New starts..... 646,670,000 (724,926,000) 666,000,000 -------------------------------------------------------- Total...... 1,725,000,000 (\1\) 1,665,000,000 ------------------------------------------------------------------------ \1\ The President's budget proposed to consolidate this program into the Unified Transportation Infrastructure Investment Program. bus and bus facilities The Committee recommends $333,000,000 for bus purchases and bus facilities, including maintenance garages. Bus systems are expected to continue to play a vital role in the mass transportation systems of virtually all cities. FTA estimates that approximately 95 percent of the areas that provide mass transit service do so through bus transit only and over 60 percent of all transit passenger trips are provided by bus. The Committee believes that the $333,000,000 recommended under this heading, together with other appropriations that are available for bus projects, should provide the funding necessary to retain existing bus riders as well as to attract new riders who currently use private automobiles. Under ISTEA the federal share for most bus projects is 80 percent. However, the federal share increases to 90 percent for the incremental costs of bus-related equipment needed to meet the requirements of the Clean Air Act and Americans with Disabilities Act. The recommended amount includes the following allocations: Allegheny County, Pennsylvania; Busway system........... $8,000,000 Atlanta, Georgia; buses................................. 7,500,000 Altoona, Pennsylvania; ISTEA set-aside requirement...... 2,000,000 Ames, Marshalltown, Ottumwa, and regions 6, 14, 15, and 16, Iowa; bus and bus facilities.................... 4,000,000 Beaver County, Pennsylvania; bus facility............... 1,600,000 Buffalo, New York, Crossroads intermodal station........ 1,000,000 Clark County, Nevada; buses and bus facility............ 14,000,000 Cleveland, Ohio; Triskett bus facility.................. 2,500,000 Coachella Valley, California; SunLine bus facility...... 1,000,000 Corpus Christi, Texas; bus facilities................... 2,500,000 El Paso, Texas; alternatively fueled buses.............. 6,000,000 El Paso, Texas; bus equipment........................... 2,900,000 El Paso, Texas; satellite transit terminal.............. 1,500,000 Fort Collins and Greely, Colorado; buses................ 2,500,000 Gary and Hammond, Indiana; buses........................ 520,000 King County, Washington; buses.......................... 2,500,000 Lexington, Kentucky; buses.............................. 2,000,000 Los Angeles, California; Gateway intermodal center...... 8,000,000 Maryland Transit Authority, Maryland; buses............. 10,000,000 Metropolitan Council, Minnesota; articulated buses...... 15,000,000 Metropolitan Dade County, Florida; buses................ 4,000,000 Nashville, Tennessee; electric buses.................... 600,000 New Orleans, Louisiana; bus facility.................... 6,000,000 New Orleans, Louisiana; buses........................... 12,000,000 New Rochelle, New York; intermodal facility............. 1,500,000 North Philadelphia, Pennsylvania; intermodal center..... 6,000,000 Norwich, Connecticut; intermodal center................. 3,000,000 Orlando, Florida; Lynx buses and bus facility........... 8,500,000 Palm Beach County, Florida; bus facilities.............. 4,000,000 Philadelphia, Pennsylvania; buses....................... 3,000,000 Philadelphia, Pennsylvania; lift-equipped buses......... 15,000,000 Pierce County, Washington; Tacoma Dome station.......... 3,000,000 Rensselaer, New York; intermodal station................ 7,500,000 Saint Bernard Parish, Louisiana; intermodal facility.... 3,000,000 San Francisco, California; buses........................ 13,480,000 San Gabriel Valley, California; Foothill bus facilities. 12,500,000 Santa Cruz, California; bus facility.................... 3,000,000 Sonoma County, California; park and ride facilities..... 2,500,000 South Bend, Indiana; intermodal facility................ 5,000,000 Syracuse, New York; buses............................... 2,000,000 Syracuse, New York; intermodal station.................. 2,000,000 Utah Transit Authority, Utah; buses..................... 3,500,000 Ventura County, California; bus facility................ 1,200,000 Volusia County, Florida; buses and park and ride facility............................................ 2,500,000 Westchester, New York; bus facility..................... 4,500,000 Worcester, Massachusetts; intermodal center............. 4,000,000 Yolo County, California; buses.......................... 3,000,000 State of Arkansas; buses................................ 6,000,000 State of Delaware; buses................................ 2,700,000 State of Illinois; buses................................ 20,000,000 State of Indiana; buses and bus facilities.............. 13,000,000 State of Michigan; ISTEA set-aside requirement.......... 10,000,000 State of North Carolina; buses and bus facilities....... 10,000,000 State of Ohio, buses.................................... 20,000,000 State of Wisconsin; buses............................... 20,000,000 -------------------------------------------------------- ____________________________________________________ Total............................................... 333,000,000 Alternatively fueled vehicles.--In the Energy Policy Act of 1992, Congress expressed its intent that the federal government should promote the acquisition and use of alternative fueled vehicles in public transit fleets. In light of this intent, the Committee urges the Federal Transit Administration to give special consideration to grant applications of transit authorities seeking to purchase alternative fueled vehicles. State of Michigan bus and bus-facilities.--The Committee has provided $10,000,000 for buses and bus facilities for the state of Michigan. This set-aside is required under the Intermodal Surface Transportation Efficiency Act of 1991. This amount includes $4,400,000 for buses and bus facilities in Flint; $2,600,000 for an intermodal facility in Lansing; and $3,000,000 for the Suburban Mobility Authority for Regional Transportation (SMART). Altoona bus testing facility.--$2,000,000 has been provided for the Altoona bus testing facility, located in Altoona, Pennsylvania. This recommendation is consistent with the requirements of ISTEA. Ames, Marshalltown, Ottumwa and regions 6, 14, 15, and 16, Iowa.--The Committee has provided the following amounts for buses and vans and bus facilities for various communities and areas of the state of Iowa: $2,714,700 for buses and bus facilities for Ames; $189,500 for buses for Marshalltown; $708,600 for buses for Ottumwa; $17,600 for region 6 for rehabilitation of vans; $121,100 for region 14 for bus replacement and rehabilitation; $159,400 to region 15 for bus replacement; and $89,100 for region 16 for buses and bus rehabilitation. State of Arkansas.--The Committee has provided $6,000,000 for the Arkansas Department of Transportation for buses and bus facilities. The amount includes funds for the following transit agencies: $250,000 for Pine Bluff Transit; $400,000 for Razorback Transit Authority; $400,000 for Intra-City Transit of Hot Springs; $150,000 for Miller County Area Transit in Texarkana; $300,000 for South Central Arkansas Transit of Malvern; and $1,000,000 for Southeast Arkansas Transit in Pine Bluff. State of Illinois.--The Committee has provided $20,000,000 for the Illinois Department of Transportation for replacement buses and transit facilities. This amount includes funds for replacement buses for the following transit agencies: $1,760,000 for Champaign-Urbana, $528,000 for Decatur, $2,640,000 for Madison County, $528,000 for Quincy, $528,000 for Rockford, $880,000 for Rock Island, $1,248,000 for Springfield, and $1,840,000 for Pace. This amount also includes $720,000 for a transfer facility in Peoria and $800,000 for bus facilities for the South Central MTD. In addition, $7,000,000 is provided for a new bus communications system for the Chicago Transit Authority. Foothill transit zone.--The Committee has provided $12.5 million for Phase I of a bus facility project which will further enhance the cost effectiveness and service delivery of a bus transit system which the Committee believes could serve as a national model for how government can tap private sector know-how to provide better service at lower cost. Serving the highly congested eastern portion of Los Angeles county, Foothill Transit's decision-making is provided by a board of directors comprised of elected officials in the 20 cities in the San Gabriel Valley. Daily operations are provided by a private contractor. Under this public-private partnership, Foothill has increased ridership more than 50 percent while holding operating costs to 1986 levels. By replacing its two leased bus maintenance centers with owned facilities, Foothill will be able to eliminate recurring depreciation costs and the repeated equipment purchases triggered by each new contract. Also, ownership of the facilities will allow for proper siting to reduce dead heading. The Committee believes that Foothill Transit Zone represents the kind of creative management and financing that should be considered by transit properties nationwide. Accordingly, the Committee encourages the Federal Transit Administration to publicize this success story as a model for other systems. fixed guideway modernization The Committee recommends $666,000,000 from the discretionary grants program to modernize existing rail transit systems. The funds are to be distributed as follows: New York................................................ $228,317,868 Southwestern Connecticut................................ 30,238,186 Northeastern New Jersey................................. 59,852,995 Chicago/Northwestern Indiana............................ 94,083,037 Philadelphia/Southern New Jersey........................ 68,353,400 Boston.................................................. 46,966,395 San Francisco........................................... 43,346,200 Pittsburgh.............................................. 14,619,242 Cleveland............................................... 10,234,467 Baltimore............................................... 11,252,003 New Orleans............................................. 1,977,169 Los Angeles............................................. 5,163,433 Washington, DC.......................................... 14,498,674 Seattle................................................. 4,716,616 Atlanta................................................. 5,363,201 San Diego............................................... 1,865,716 San Jose................................................ 3,367,284 Providence.............................................. 886,831 Dayton.................................................. 1,415,918 Tacoma.................................................. 170,335 Wilmington.............................................. 278,710 Trenton................................................. 493,550 Lawrence-Haverhill...................................... 432,833 Chattanooga............................................. 17,404 Baltimore............................................... 2,077,988 Minneapolis............................................. 970,638 St. Louis............................................... 134,739 Denver.................................................. 323,695 Norfolk................................................. 341,533 Kansas City............................................. 18,106 Honolulu................................................ 221,697 Hartford................................................ 376,909 Madison................................................. 176,241 San Juan................................................ 891,176 Detroit................................................. 165,760 Dallas.................................................. 266,485 Sacramento.............................................. 841,768 Houston................................................. 1,413,969 Buffalo................................................. 378,659 Portland................................................ 743,813 Miami................................................... 2,752,667 Phoenix................................................. 997,690 -------------------------------------------------------- ____________________________________________________ Total............................................. 661,005,000 \3/4\-percent takedown.......................... 4,995,000 -------------------------------------------------------- ____________________________________________________ Total appropriation............................... 666,000,000 ======================================================== ____________________________________________________ new systems The bill includes a total of $666,000,000 for preliminary engineering, right-of-way acquisition, project management, oversight, and construction for new systems and extensions. Though the Intermodal Surface Transportation Efficiency Act of 1991 authorizes the federal share for transit programs up to 80 percent of the project costs, the Committee encourages local transit authorities to consider contributing more than the minimum 20 percent required under the law. Such an overmatch would indicate significant local and state support and commitment to a project. Inasmuch as federal assistance for many programs may be declining in the future, including transit capital and operating programs, an overmatch leverages limited federal funds and may provide the basis for continuing federal support in the future. The Committee has deferred consideration of funding in fiscal year 1996 for projects that have not received funding in the past. The section 3 program has become increasingly oversubscribed and the cost for completing all projects in the development process at any one time far exceeds the amount of federal funds likely to be available. In fact, the federal cost for completing the projects currently under development is now $20 billion, compared to approximately $8 billion just four years ago. Funding for new project systems and planning and preliminary engineering should be borne by local authorities and would indicate significant local commitment to a proposed new system. The funds are to be distributed as follows: Atlanta--North Springs.................................. $42,410,000 Boston--South Boston MOS-2.............................. 17,500,000 Canton-Akron-Cleveland commuter rail.................... 6,500,000 Cincinnati Northeast/Northern Kentucky rail............. 2,000,000 Dallas--South Oak Cliff Line............................ 16,941,000 Dallas--North Central light rail extension.............. 2,500,000 Dallas-Ft. Worth RAILTRAN............................... 5,000,000 Florida Tri-County commuter............................. 10,000,000 Houston--Regional bus plan.............................. 22,630,000 Jacksonville--Automated skyway express.................. 12,500,000 Los Angeles MOS-3....................................... 125,000,000 Los Angeles-San Diego (LOSSAN).......................... 10,000,000 Maryland Rail Commuter.................................. 10,000,000 Maryland Central Corridor............................... 3,000,000 Miami-North 27th Avenue................................. 2,000,000 Memphis regional rail plan.............................. 2,500,000 New Jersey Urban Core--Secaucus......................... 75,000,000 New Orleans Canal Street Corridor....................... 10,000,000 New York Queens Connector............................... 114,989,000 Orange County transitway................................ 5,000,000 Pittsburgh--Airport phase I............................. 22,630,000 Portland--Westside...................................... 85,500,000 Whitehall ferry terminal, New York...................... 5,000,000 Wisconsin Central commuter.............................. 14,400,000 Sacramento.............................................. 2,000,000 St. Louis Metrolink..................................... 10,000,000 Salt Lake City.......................................... 5,000,000 San Francisco BART extension............................ 10,000,000 San Juan, Puerto Rico Tren-Urbano....................... 15,000,000 Tampa-Lakeland commuter rail............................ 1,000,000 Salt Lake City light rail project.--The Committee recommends funding of $5,000,000 for the Salt Lake City light rail project. The bill includes language that allows the funds to be available for related high-occupancy vehicle lane and intermodal corridor design costs. San Francisco BART extension to the airport.--The Committee recommends $10,000,000 for the BART extension to the San Francisco airport. Numerous concerns have been raised regarding the redesignation of the locally preferred alternative chosen under the recently concluded draft environmental impact statement in May of 1995. Alternative VI, calling for an underground segment to the airport, is the most expensive design option among all those considered. The current cost estimates for completing this project exceed the ISTEA authorization by approximately $270,000,000. The Committee directs Bay Area Rapid Transit, the San Mateo County Transit District and the Metropolitan Transit Commission to pursue additional state and local funding sources while recognizing that the airlines operating from the San Francisco Airport are already participating in a $2.5 billion airport expansion. The Committee directs a re-examination of the design alternatives should non-federal and non-airport financing not materialize. Jacksonville Automated Skyway Express (ASE).--The Committee recommends $12,500,000 to complete the 2.5 mile Jacksonville Automated Skyway Express. Funding is provided to construct .35 mile of dual guideway and the duPont Center Station as well as the guideway access between the Acosta Bridge and the operation and maintenance center on Riverside Avenue. It is the Committee's understanding that the Jacksonville Transit Authority (JTA) has a cash fund consisting of sales tax dollars that can be used on highway and bridge projects but cannot be used for Skyway construction or operation. The Committee expects that the JTA will contribute $25,000,000 to the Florida Department of Transportation exclusively for the reconstruction of the Fuller Warren Bridge as a condition of funding for the Jacksonville ASE. Chicago central area circulator.--The City of Chicago central area circulator project has a full funding grant agreement (FFGA) with the Federal Transit Administration pursuant to a completed final environmental impact statement, which concludes that the proposed light rail transit system is the most effective approach. Due to the failure of the state of Illinois to appropriate funding for its share of the project this year, the full project cannot go forward at this time. The project is now proposing a phased plan to proceed initially with the design and construction of a core system, whereby the federal share of the core system will not exceed 50 percent nor the $258,000,000 currently designated in the FFGA. The city's local funding is in place. The Federal Transit Administration believes that a core system could work. Due to the uncertainty caused by the failure of the state of Illinois to appropriate funds for the project this year, the Committee is not allocating any new fiscal year 1996 funding to the project. However, this does not prejudice the project from receiving funding in future appropriations bills. The Committee encourages the city to seek FTA approval for its core system phasing approach and incorporate the plan into an amended FFGA reflecting the new project scope. The Committee will then make every effort to provide funding according to FFGA funding schedule. St. Louis Metro Link.--The Committee has provided $10,000,000 for the Illinois-Missouri Metro Link project. This amount includes $8,000,000 for additional cars to address extraordinary ridership increases on the system and $2,000,000 for design for Illinois extension. Tacoma-Seattle commuter rail.--The Committee, in previous years, has appropriated $22,500,000 to establish commuter rail service over existing railroad rights-of-way in the heavily congested Puget Sound area, including the Tacoma-Seattle- Everett corridor. The Committee notes that a Regional Transportation Authority (RTA) has been created which could operate such service and that the legislature of the state of Washington has enacted legislation permitting city governments to construct, operate and maintain passenger rail systems. The Committee expects, therefore, that significant progress shall be made in fiscal year 1996 toward implementing the commuter rail project for which funding has been provided by this Committee. Mass Transit Capital Fund (liquidation of contract authorization) (highway trust fund) Appropriation, fiscal year 1995.........................($1,500,000,000) Budget estimate, fiscal year 1996....................... (1,700,000,000) Recommended in the bill................................. (2,000,000,000) Bill compared with: Appropriation, fiscal year 1995..................... (+500,000,000) Budget estimate, fiscal year 1996................... (+300,000,000) This liquidating cash appropriation covers obligations incurred under contract authority provided for activities previously discussed under the discretionary grant program. The Committee recommends $2,000,000,000 in liquidating cash for mass transit capital programs. The Department has indicated that an increase over the President's request is necessary due to an increased pace of obligations and outlays in 1995 and anticipated in 1996 and insufficient reestimates of liquidating cash in prior years. This appropriation does not score as new budget authority under the Budget Enforcement Act of 1990. Interstate Transfer Grants--Transit Appropriation, fiscal year 1995......................... $48,030,000 Budget estimate, fiscal year 1996....................................... Recommended in the bill................................................. Bill compared with: Appropriation, fiscal year 1995..................... -48,030,000 Budget estimate, fiscal year 1996................................... This program, established by the Federal-aid highway act, allowed state and local officials to withdraw planned interstate highway segments and substitute transit projects. The cut-off date for approval of new interstate withdrawal requests was September 30, 1983. Funding in 1995 exhausts the Federal commitment to transit capital projects substituted for previously withdrawn segments of the interstate highway system under the provisions of 23 U.S.C. 103(e)(4). No funds are requested or made available in fiscal year 1996 to carry out the provisions of section 1045 of Public Law 102-240 given funding provided in fiscal year 1995. Washington Metropolitan Area Transit Authority Appropriation, fiscal year 1995......................... $200,000,000 Budget estimate, fiscal year 1996....................... 200,000,000 Recommended in the bill................................. 200,000,000 Bill compared with: Appropriation, fiscal year 1995..................................... Budget estimate, fiscal year 1996................................... The bill includes the budget estimate of $200,000,000 for the construction of the Washington, D.C. Metrorail system. The Committee recognizes that the administration, the transit authority and the state and local governments in the metropolitan Washington region have reached agreement on financing the remaining 13.5 miles of the adopted regional system and are committed to completion of the system on the ``fast track'' schedule. The Committee further recognizes that a reliable federal appropriation is critical to securing the necessary credit arrangement required to keep the ``fast track'' construction program on schedule. The Committee supports the completion of the remaining 13.5 miles and is recommending the budget request to permit WMATA to proceed with the ``fast track'' construction program. Violent Crime Reduction Program (violent crime trust fund) Appropriation, fiscal year 1995......................................... Budget estimate, fiscal year 1996....................... $5,000,000 Recommended in the bill................................................. Bill compared with: Appropriation, fiscal year 1995..................................... Budget estimate, fiscal year 1996................... -5,000,000 Section 40131 of the Violent Crime Control and Law Enforcement Act of 1994 authorizes $10,000,000 to establish programs for capital improvements and studies to prevent crime in public transportation. The Committee has not funded this new program in fiscal year 1996 given the current budget constraints. Further, a separate, categorical program is duplicative and unnecessary as the capital expenses described above are allowable expenses under the formula program. SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION The Corporation's operations program consists of lock and marine operations, maintenance, dredging, planning and development activities related to the operation and maintenance of that part of the Saint Lawrence Seaway between Montreal and Lake Erie within the territorial limits of the United States. The Committee maintains a strong interest in maximizing the commercial use and competitive position of the Saint Lawrence Seaway. The general language under this heading is the same as the language provided last year and requested in the fiscal year 1996 budget. Continuation of this language in addition to that under the operations and maintenance appropriation will provide the Corporation the flexibility and access to available resources needed to finance costs associated with unanticipated events which could threaten the safe and uninterrupted use of the Seaway. The language permits the Corporation to use sources of funding not designated for the harbor maintenance trust fund by Public Law 99-662, but which have been historically set aside for non-routine or emergency use-cash reserves derived primarily from prior-year revenues received in excess of costs; unused borrowing authority; and miscellaneous income. Operations and Maintenance (harbor maintenance trust fund) Appropriation, fiscal year 1995......................... \1\ $10,251,000 Budget estimate, fiscal year 1996....................... 10,243,000 Recommended in the bill................................. 10,190,500 Bill compared with: Appropriation, fiscal year 1995..................... -60,500 Budget estimate, fiscal year 1996................... -52,500 \1\ Reducations of $22,000 to comply with working capital fund, awards and procurement reform provisions not reflected. The bill includes an appropriation of $10,190,500 for the Saint Lawrence Seaway Development Corporation, a decrease of $60,500 from the 1995 level and $52,500 below the budget --------------------------------------------------------------------------- request. The Committee recommends the changes to the request: Reduce travel and transportation costs.................. -$6,000 Reduce other miscellaneous services..................... -5,500 Decrease non-pay inflationary adjustment................ -41,000 -------------------------------------------------------- ____________________________________________________ Net change to the budget.............................. -52,500 Travel and transportation of persons.--The Committee recommends $196,000. This is the same amount as 1995 but $6,000 less than requested. Included in the budget request is money to pay for the five-member Board's travel; however, the Seaway has only had one Board member for the past several years. Thus, the request was reduced to reflect travel for only one Board member. Furthermore, if the Seaway becomes an independent agency as proposed by the Department of Transportation, this Board will be abolished and travel funds will not be necessary. Other services.--The Committee recommends $608,500, which is $67,500 less than 1995 and $5,500 less than requested. Under this account, the Seaway provides bottled water for its employees in Massena, New York, at a cost of $5,500 per year. In other government agencies, employees typically buy their own bottled water. This Committee believes that the Seaway should follow suit. Non-pay inflationary adjustment.--The Committee has reduced the Seaway's non-pay inflationary adjustment by $41,000 so that every Administration within the Department of Transportation has a 1.5 percent non-pay inflationary adjustment. The Seaway had requested a 3 percent non-pay inflationary adjustment in its 1996 budget request. RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION The Research and Special Programs Administration (RSPA) was originally established by the Secretary of Transportation's organizational changes dated July 20, 1977. The agency received statutory authority on October 24, 1992. RSPA has a broad portfolio. Its diverse jurisdictions include hazardous materials, pipelines, aviation statistics, international standards, emergency transportation, and university research. As the department's only multimodal administration, RSPA provides research, analytical and technical support for transportation programs through headquarters offices and the Volpe National Transportation Systems Center. Summary of Fiscal Year 1996 Program The Committee recommends $65,261,000 in new budget authority and obligation limitations to continue the operations, research and development, and grants-in-aid administered by the Research and Special Programs Administration. This is $20,557,000 less than the budget request and $9,601,000 less than the 1995 amount. The bill includes language to limit the availability of research and development, state pipeline safety grant funds, and emergency preparedness grants to a three-year period, rather than providing for unlimited availability as requested. Also, the bill includes language to transfer $2,322,000 to the Bureau of Transportation Statistics for the necessary expenses to conduct activities related to airline statistics. The following table summarizes the fiscal year 1995 program levels, the fiscal year 1996 program requests, and the Committee's recommendations: ------------------------------------------------------------------------ Fiscal year Fiscal year Recommended in Program 1995 enacted 1996 estimate the bill ------------------------------------------------------------------------ Research and special programs............ $26,238,000 $31,662,000 $26,030,000 Pipeline safety...... 37,424,000 42,418,000 29,941,000 Emergency preparedness training curriculum. 400,000 400,000 400,000 Emergency preparedness grants \1\................. 10,800,000 11,338,000 8,890,000 -------------------------------------------------- Total............ 74,862,000 85,818,000 65,261,000 ------------------------------------------------------------------------ \1\ Limitation on obligation. Research and Special Programs Appropriation, fiscal year 1995......................... \1\ $26,238,000 Budget estimate, fiscal year 1996....................... 31,662,000 Recommended in the bill................................. 26,030,000 Bill compared with: Appropriation, fiscal year 1995..................... -208,000 Budget estimate, fiscal year 1996................... -5,632,000 \1\ Reductions of $225,000 to comply with working capital fund, awards and procurement reform provisions and transfer of $17,900 for consolidated civil rights office not reflected. Research and special programs administers a comprehensive nationwide safety program to protect; (1) the nation from the risks inherent in the transportation of hazardous materials by water, air, highway and railroad; (2) oversee the execution of the Secretary of Transportation's statutory responsibilities for providing transportation services during national emergencies; and (3) coordinate the department's research and development policy planning, university research, and technology transfer. Overall policy, legal, financial, management and administrative support to RSPA's programs also is provided under this appropriation. The total recommended program level for research and special programs is $26,030,000. This is an decrease of $208,000 below the amount provided in 1995 and a reduction of $5,632,000 below the budget request. Budget and staffing data for this appropriation are as follows: ---------------------------------------------------------------------------------------------------------------- Fiscal year Fiscal year Recommended in 1995 enacted 1996 estimate the bill ---------------------------------------------------------------------------------------------------------------- Hazardous materials safety................................. $12,879,000 $12,782,000 $12,600,000 (Positions)............................................ (113) (111) (111) Aviation information management............................ 2,453,000 2,282,000 2,322,000 (Positions)............................................ (29) (24) (22) Emergency transportation................................... 1,326,000 1,301,000 1,086,000 (Positions)............................................ (7) (7) (7) Research and technology.................................... 2,530,000 7,604,000 3,209,000 (Positions)............................................ (13) (14) (13) Program support............................................ 7,032,000 7,693,000 7,394,000 (Positions)............................................ (45) (45) (46) Accountwide adjustment..................................... ................. ............... -581,000 Total, Research and Special Program.................... 26,238,000 31,662,000 26,030,000 (Positions)........................................ (207) (201) (199) ---------------------------------------------------------------------------------------------------------------- COMMITTEE RECOMMENDATION The Committee recommends the following changes to the budget request for this appropriation: Changes Hazardous materials: Reduce registration program's administrative costs.. -$182,000 Airline information management: Aviation statistics program operating expenses...... +40,000 Emergency transportation: Reduce funding for crisis management center......... -215,000 Research and technology: Reduce technology planning and development.......... -2,951,000 Delete technology promotion activities.............. -874,000 Reduce technology deployment........................ -500,000 Do not fund new FTE................................. -70,000 Program and administrative support: Hold policy and program support at 1995 level....... -30,000 Decrease civil rights............................... -25,000 Hold personnel support at 1995 level................ -15,000 Hold information resource management at 1995 level.. -45,000 Reduce contract program to 6 percent increase....... -53,000 Reduce working capital fund costs to reflect transfer of programs and FTEs to BTS and OST...... -231,000 Add one FTE for airline statistics program.......... +100,000 Accountwide adjustments: Recommend a five percent reduction in operating expenses.......................................... -170,000 Hold training to 1995 level......................... -109,000 Hold equipment costs to 1995 level.................. -302,000 -------------------------------------------------------- ____________________________________________________ Net change to budget request...................... -5,632,000 Hazardous material registration program.--The Committee recommends $750,000 for this program, which is $182,000 less than requested. A $50.00 administration and processing fee is collected from over 26,000 shippers and carriers who register annually under the hazardous materials program. This year, RSPA tried to increase the total fee that was collected, from $300 up to a maximum of $5,050; however, due to numerous concerns, RSPA decided against raising this fee. Under this program, RSPA collects between $6,000,000 and $6,500,000 per year. Based on current collections, about one- sixth of the total amount is required to administer and process registration fees. The remainder of the money is distributed to states and Indian tribes to support their emergency response programs. The Committee is concerned about the high costs of administering and processing this program and believes that RSPA should undertake measures to reduce these costs. Airline statistics program.--The Committee recommends increasing this program by $40,000. In June, 1995, RSPA signed a memorandum of understanding to transfer the airline statistics program and its associated positions to the bureau of transportation statistics (BTS). The Committee approves this transfer because it will put the responsibility for the compilation and analysis of airline economic data with the office that has broad authority to collect and analyze transportation statistics across a wide spectrum. The program's small field office in Anchorage, Alaska, which provides consumers with airline data related to essential air service and intra-Alaskan mail rate will continue under BTS. The additional $40,000 will provide working capital funds for this program after its transfer to the BTS. Airline tariff program.--RSPA has proposed transferring one full-time equivalent and the associated expenses to the office of aviation and international affairs in office of the secretary. OST administers the Department's program of air carrier tariff filings, which analyzes proposed tariff rate changes for international flights, makes recommendations for approval/disapproval, and maintains the official record file. The transfer of RSPA's airline tariff program to OST will merge tariff program administration with the air tariff policy and approval responsibility. The Committee approves the transfer of these functions. One FTE and $91,000 has been transferred from this program to the OST. Crisis response management.--The Committee recommends reducing funding for the crisis management center by $215,000. This center is used by the Secretary of Transportation and other staff during times of national emergencies and during national or technological disasters. In the past, the center became overwhelmed by unexpected demands during major emergency events. As such, in 1995, the Committee funded a one-time increase to upgrade this center. However, the 1996 budget request included this increase for a second year. The Committee will fund part of the request because the center's role has expanded to include national security issues due to the Oklahoma City bombing. This money would allow the center to improve its communications capabilities and acquire software to interact with the Department of Defense's and the Department of Energy's proprietary systems, as well as continue funding the basic emergency training programs. Technology planning and development.--The Committee recommends $1,266,000 for technology planning and development activities. This is a decrease of $2,951,000 from the budget request. This account more than doubled between 1994 and 1995, and RSPA has requested a 416 percent increase in funding for 1996. The Committee does not believe that such a significant growth in planning and development is warranted in such a short time frame and urges RSPA to focus on a few priority items, such as the surface transportation technology plan and the national transportation system/national information infrastructure, instead of seven varied activities. The Committee has not provided any funding for the partnership for new generation of vehicles because it is too early in the prototype's development process for RSPA to begin peer review of advanced vehicle research or begin developing alternative design data bases. According to current plans, a prototype vehicle will not be constructed until the year 2004. Technology promotion.--Due to budget constraints, the Committee has not funded this new effort (-$874,000). According to RSPA management, the technology promotion activities were its least important priority under the research and technology program. Technology deployment.--The Committee has provided $500,000 for technology deployment activities, which is $500,000 less than requested. This is a new initiative for RSPA. The agency will work with the national science and technology counsel to identify and deploy promising, commercially viable transportation technology applications based on marketing demands and to make sure that there is no overlap among various government agencies. In 1995, over half a year's work in this area was done by the office of the secretary for $400,000. A slightly higher amount has been provided to RSPA. Full-time equivalent position.--The Committee does not a approve one new full-time equivalent position under the research and technology account because the program is not increasing as much as requested in fiscal year 1996. As such, the request has been reduced by $70,000. Civil rights.--The Committee recommends $29,000 for civil rights activities. In 1994 and 1995, RSPA operated its office of civil rights on $4,000; however, the Administration is requesting a 1,250 percent increase in the office for 1996 to monitor the civil rights compliance by recipients of grants and for travel and training. The Committee believes that these efforts are important; however, travel and training expenses could be reduced. Working capital fund.--The Committee has appropriated $1,407,000 for the working capital fund. This is $231,000 less than requested and it reflects the transfer of the airline statistics program and FTEs to the bureau of transportation statistics and the office of the secretary. These transfers are based on two memorandums of understandings that RSPA signed with BTS and OST in June 1995. Full-time equivalent positions.--The Committee has approved a $100,000 increase to the program and administrative support office. This increase reflects a transfer of one full-time equivalent position from the airline information management program. Other program and administrative support.--Due to budgetary constraints, the Committee recommends holding policy and program support, personnel support, and information management resources at the 1995 levels. The requested increase for these activities has not been well justified. Also, the Committee recommends reducing the contract program to a 6 percent increase instead of the 16 percent increase requested. Accountwide adjustments.--The Committee recommends reducing operating expenses by $170,000. RSPA is requesting a fifteen percent increase in operating expenses. The Committee believes that this administration should make every effort possible to reduce these expenses, and has reduced the amount funded to ten percent. The Committee recommends $470,000 for equipment costs. This is the same level of funding as 1995, but a decrease of $302,000 from the budget request. RSPA has just modernized most of its offices and computer services. The Committee does not believe that an additional increase in this area is necessary. Furthermore, the Committee notes that the department may not be reorganized in 1996. The Committee recommends $183,000 for training, which does not allow for the requested increase of $107,000. RSPA is requesting additional funds for training needs based on the department's reorganization. Pipeline Safety (pipeline safety fund) Appropriation, fiscal year 1995......................... \1\$37,424,000 Budget estimate, fiscal year 1996....................... 42,418,000 Recommended in the bill................................. 29,941,000 Bill compared with: Appropriation, fiscal year 1995..................... -7,483,000 Budget estimate, fiscal year 1996................... -12,477,000 \1\ Recuctions of $84,000 to comply with working capital fund provisions not reflected. The pipeline safety program is responsible for a national regulatory program to protect the public against the risks to life and property in the transportation of natural gas, petroleum and other hazardous materials by pipeline. The enactment of the Oil Pollution Act of 1990 also expanded the role of the pipeline safety program in environmental protection and resulted in a new emphasis on spill prevention and containment of oil and hazardous substances from pipelines. The office develops and enforces federal safety regulations and administers a grants-in-aid program to state pipeline programs. committee recommendation The bill includes $29,941,000 to continue pipeline safety operations, research and development, and state grants-in-aid in fiscal year 1996. This represents a decrease of $7,483,000 below the level provided in 1995 and a reduction of $12,477,000 below the budget request. The bill specifies that, of the total appropriation, $2,698,000 is to be derived from the oil spill liability trust fund and $27,243,000 is to be derived from the pipeline safety fund. The proposed Pipeline Safety Act of 1995, which has passed in both the House Transportation and Infrastructure Committee and the House Energy and Commerce Committee, reduces authorization of appropriations from the pipeline safety fund to $20,700,000 in fiscal year 1996. This is a 6 percent increase over the level authorized in fiscal year 1995, but it is a 41 percent decrease below the 1995 enacted level. No changes were made to the authorized level derived from the oil spill liability trust fund. The Committee believes that a reduction to the proposed authorized level would require a draconian cut of $19,020,000 in the office of pipeline safety (OPS). The Committee recommends funding the office at $29,941,000 to assure that the system operates safely, while seeking not to impose an undue burden on the natural gas and liquid petroleum industries. The Committee recommends the following changes to the President's budget request for this appropriation: Changes Provide salaries and benefits for 85 FTEs............... -$532,000 Decrease operating expenses............................. -306,000 Reduce information systems operations................... -802,000 Decrease risk assessment and technical studies.......... -770,000 Delete most field engineering support for compliance.... -3,596,000 Reduce training and information dissemination........... -171,000 Postpone mapping program................................ -1,200,000 Delete non-destructive evaluation efforts............... -2,100,000 Maintain state grants at 1995 level..................... -1,200,000 Delete risk assessment grants........................... -1,800,000 -------------------------------------------------------- ____________________________________________________ Total............................................. -12,477,000 Personnel.--The Committee has provided $6,590,000 for personnel, compensation and benefits, which is $532,000 less than requested. In 1995, the Committee increased pipeline safety personnel by 33 positions, of which half the FTEs could be hired in fiscal year 1995 and the remainder were to be hired the following year. To date, RSPA has filled 10 of these positions. The Committee recommends not hiring the remaining 5 FTEs allocated in fiscal year 1995 or hiring any additional FTEs in 1996. Not filling the remaining positions will still give RSPA a net increase in the number of pipeline inspectors over 1994 levels. Also, since RSPA will not begin hiring the remaining inspectors, there is no reason to annualize their salaries. Operating expenses.--Due to budget constraints, the Committee recommends $2,450,000 for operating expenses, which is $306,000 less than requested. At this level, staff will be able to meet a 3 year inspection cycle for pipelines, investigate a number of reported accidents, and inspect the new inventory of low stress pipelines. RSPA would like to inspect all pipelines once every two years; however, prior to 1995, the staff inspected pipelines once every four years. This level of operating expense will provide an improvement over 1994 levels. Information systems.--The Committee recommends $950,000 for information systems, which is a reduction of $802,000 from the requested level. At this level, the OPS can continue to support the systems it uses to maintain its pipeline data and support risk assessment efforts. The Committee recommends that efforts to acquire and standardize new software and hardware, as well as upgrade communications should be implemented on a slower schedule. Risk assessment.--Due to budget constraints, the Committee recommends $1,480,000 for risk assessment, which is a reduction of $770,000 from the budget request. At the reduced level, OPS will be able to gather information necessary to rank pipeline risk factors (e.g. age of pipeline, material, location, soil), determine the possibility of incidents, and develop national standards, which will be used to evaluate operator risk assessment plans. The Committee recommends postponing the implementation of operator risk management programs until the collection of this data is completed. Also, the Committee did not provide funding for risk management demonstration projects. Field engineering support for compliance.--The Committee recommends $850,000 for compliance efforts, which is a reduction of $3,596,000 from the budget request. Last year, the Committee disagreed with the department's decision to use contract personnel to inspect new pipeline construction and to assess risk factors associated with gas transmission pipelines nationwide. The Committee believed that these inspection activities should be done periodically by permanent inspectors. However, the Committee did not require permanent inspectors until 1996. In this year's budget, RSPA is planning on continuing to use contract personnel as inspectors. In light of the significant decrease in the proposed authorization, this Committee recommends deleting most of this program. The remaining funding should be used to contract out for metallurgical, fracture mechanics, and radiography expertise and continue the drug testing portion of this program. Training and information dissemination.--The Committee recommends $700,000 for training and information dissemination, which is a decrease of $171,000 from the budget request. At this level, the Committee believes that core training, dissemination of related training materials and guidance should continue, but that less training for new federal inspectors and state pipeline inspectors is needed because fewer will be hired. The Committee also recommends that the risk management curriculum should be postponed. Mapping.--The Committee has not funded the $1,200,000 request for a nationwide, digitized mapping system because the office of pipeline safety has not yet completed its long range plan for this project, which will explain, among other things, how available industry and state mapping will be incorporated. Once this plan is completed, the Committee believes that RSPA could use the funds appropriated in 1995 and other available funds in fiscal year 1996 to begin work in this area. Non-destructive evaluation efforts.--Due to budgetary constraints, the Committee recommends that the OPS scale back its non-destructive evaluation efforts. In fiscal year 1995, $1,742,000 was appropriated to begin research on stress corrosion and detection of outside force damage. The 1995 work should continue; however, the Committee has not provided the $2,100,000 that was requested for fiscal year 1996. The Committee believes that it is more appropriate for the private sector to invest in the research and development of these new technologies. The office of pipeline safety should work with the industry and with the new gas research institute, which are already undertaking a variety of similar research efforts on these issues. State pipeline safety grants.--The Committee recommends $12,000,000 for state grants. This maintains funding for this program at the 1995 level and reduces it by $1,200,000 from the budget request. Currently, under both the Natural Gas Pipeline Safety Act and the Hazardous Liquid Pipeline Safety Act, RSPA can reimburse states for up to 50 percent of their incurred costs for carrying out pipeline safety programs. Until 1995, RSPA did not fund near the 50 percent ceiling. For example, in 1994, RSPA only reimbursed states for $7,500,000 in costs. However, beginning in 1995, RSPA placed additional burdens on the states to inspect state liquid pipelines, to improve program performance through the adoption of federal regulations, and to take over safety jurisdiction of all intrastate pipelines. Funding at $12,000,000 for state grants is $1,236,000 higher than the proposed authorized level. If the Committee wanted to reach this authorized level, it would need to reduce the amount of money RSPA provides to states for pipeline safety grants, perhaps significantly below the proposed authorized level. Deep cuts to the grant program means states might consider eliminating their intrastate pipeline safety responsibilities. Then, OPS must assume jurisdiction for states who lack pipeline safety programs, which could be time intensive and expensive. For example, OPS has responsibility for the inspection of the city of Philadelphia's gas distribution system. This requires one inspector from the eastern region to dedicate 10-20 percent of his workload to the gas works. Those states remaining in the program could cut back on intrastate inspections to offset the loss in grant funding. Also, funding to states to establish one-call notification systems might be eliminated at the lower authorized level. Risk assessment grants.--The Committee has not funded the $1,800,000 risk assessment grant program to states. OPS already conducts these types of assessments. If states want to undertake this work, the Committee recommends that RSPA consider reimbursing this work under the pipeline safety grant program. One-call notification.--The Committee believes that the adoption of comprehensive one-call notification systems by the states may be the single most important action that states could take to prevent future pipeline incidents. About 60 percent of all damages to pipelines occur due to third party damages. For example, a third party may have caused excavation damage to pipelines in both the Texas Eastern gas explosion in New Jersey and the Colonial oil spill in Virginia. The Committee recommends that $1,000,000 of the state pipeline safety grant program be earmarked for grants to states in developing and implementing a comprehensive ``one-call'' program. Emergency Preparedness Grants (emergency preparedness fund) Appropriation, fiscal year 1995......................... \1\ $400,000 Budget estimate, fiscal year 1996....................... 400,000 Recommended in the bill................................. 400,000 Bill compared with: Appropriation, fiscal year 1995..................................... Budget estimate, fiscal year 1996................................... \1\ Reductions of $71,000 to comply with procurement reform provisions not reflected. The Hazardous Materials Transportation Uniform Safety Act of 1990 (HMTUSA) requires RSPA to: (1) develop and implement a reimbursable emergency preparedness grant program; (2) monitor public sector emergency response training and planning and provide technical assistance to states, political subdivisions and Indian tribes; and (3) develop and update periodically a mandatory training curriculum for emergency responders. The bill includes $400,000, the same amount provided in 1995 and requested for fiscal year 1996, for activities related to emergency response training curriculum development and updates, as authorized by section 117(A)(i)(3)(B) of HMTUSA. Limitation on Obligations As in fiscal year 1995, and requested in the budget, the bill includes language limiting the obligations to be incurred for the public sector emergency response training and planning grants, technical assistance and administrative activities. For fiscal year 1996, the Committee recommends a total limitation of $8,890,000 for these activities, a decrease of $1,910,000 below the 1995 level and $2,448,000 below the budget request. The Committee's recommendations are detailed as follows: ------------------------------------------------------------------------ Fiscal year 1995 Fiscal year 1996 Recommended in enacted estimate the bill ------------------------------------------------------------------------ Grants......... $9,650,000 $9,738,000 $7,350,000 Technical assistance.... 400,000 400,000 400,000 Administrative costs......... 500,000 500,000 440,000 Emergency response guidebook..... ................. ........ 700,000 700,000 Supplemental training grants........ 250,000 ................. ........ ................. ........ -------------------------------------------------------- Total.... 10,800,000 11,338,000 8,890,000 ------------------------------------------------------------------------ Committee Recommendation Public sector emergency response training and planning grants.-- The Committee recommends $7,350,000 for emergency preparedness planning and training grants. This is $2,300,000 less than enacted in 1995 and $2,388,000 less than the budget request. During fiscal year 1995, the agency reduced the 1995 grant level to $7,351,000 because it could not collect the $9,650,000 allowed for under the obligation limitation. Thus, the Committee's 1996 recommendation is based on what RSPA actually believes it can collect. The 1996 budget requested a 32.5 percent increase, which was based on an expected increase in collections from the hazardous materials transportation registration and fee assessment program. Each year, RSPA has experienced shortfalls in hazardous materials registration receipts, that are used to finance the grant program. In January, 1995, RSPA sought to increase the fees it charges shippers and carriers of hazardous materials to register with the Department of Transportation. Due to a significant number of concerns that were raised during the rulemaking process, the administration decided not to increase the fees. The Committee recommends that the administration try to determine ways to collect more revenues, without increasing fees. For example, RSPA should review how many shippers and carriers are subject to the registration requirements and what compliance rates are being achieved. Administrative costs.--The Committee recommends $440,000 for administrative costs, which is $60,000 less than the budget request. The Committee recommends a reduction in the administrative costs of this program because there is no increase in fees collected. Office of Inspector General Salaries and Expenses Appropriation, fiscal year 1995......................... \1\ $40,000,000 Budget estimate, fiscal year 1996....................... 40,238,000 Recommended in the bill................................. 40,238,000 Bill compared with: Appropriation, fiscal year 1995..................... +238,000 Budget estimate, fiscal year 1996................................... \1\ Reductions of $97,000 to comply with working capital fund, awards and procurement reform provisions and transfer of $11,800 for consolidated civil rights office not reflected. The Inspector General's office was established in 1978 to provide an objective and independent organization that would be more effective in: (1) preventing and detecting fraud, waste, and abuse in departmental programs and operations; and (2) providing a means of keeping the Secretary of Transportaion and the Congress fully and currently informed of problems and deficiencies in the administration of such programs and operations. According to the authorizing legislation, the Inspector General is to report dually to the Secretary of Transportation and to the Congress. The bill provides a $238,000 increase over the fiscal year 1995 enacted level, which is an increase of less than one percent. The recommendation fully funds the budget request. Audit reports.--The Committee requests the Inspector General to continue forwarding copies of all audit reports to the Committee immediately after they are issued, and to continue to make the Committee aware immediately of any review that recommends cancellation or modifications to any major acquisition project or grant, or which recommends significant budgetary savings. Office of legal counsel.--The Committee continues to believe that the office of inspector general should be supported by its own legal counsel. Accordingly, within the total resources provided, the IG should ensure sufficient resources are available, at a minimum, to (1) provide legal advice, guidance, and analysis; (2) draft legal opinions, briefs, pleadings, and memoranda on significant litigation and policy matters; and (3) represent the IG on matters involving the Merit Systems Protection Board, Equal Opportunity Employment Commission, and other employee relations issues. Defense Contract Audit Agency audits.--The Committee is disturbed to learn that, once again this year, the office of inspector general (OIG) may experience problems in obtaining contract audits, primarily from the Defense Contract Audit Agency (DCAA). Semiannual reports of the IG to Congress indicate that these audits save the Department of Transportation (primarily the FAA and Coast Guard) millions of dollars each year, by providing valuable assistance to government contract negotiators and contract oversight personnel. The Committee views the inability to obtain these audits as a serious problem, and strongly encourages the department to consider transferring funding responsibility for these audits from the OIG to the operating administrations. This is consistent with recommendations made by OMB in its December 3, 1992 Interagency Task Force Report on the Federal Contract Audit Process, and would require those agencies receiving the direct benefit of the service to pay for it. TITLE II RELATED AGENCIES ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD Salaries and Expenses Appropriation, fiscal year 1995......................... $3,350,000 Budget estimate, fiscal year 1996....................... 3,656,000 Recommended in the bill................................. 3,656,000 Bill compared with: Appropriation, fiscal year 1995..................... +306,000 Budget estimate, fiscal year 1996................................... The Committee recommends $3,656,000 for the operations of the Architectural and Transportation Barriers Compliance Board, an increase of $306,000 above the 1995 levels, and the same as the budget estimate. This level will maintain the Board at the fiscal year 1995 level and provide a one-time appropriation for accounting systems acquistions. The activities of the Board include: ensuring compliance with the standards prescribed by the Architectural Barriers Act; ensuring that public conveyances, including rolling stock, are readily accessible to and usable by physically handicapped persons; investigating and examining alternative approaches to the elimination of architectural, transportation, communication and attitudinal barriers; determining what measures are being taken to eliminate these barriers; developing minimum guidelines and requirements for accessibility standards; and providing technical assistance to all programs affected by Title V of the Rehabilitation Act. NATIONAL TRANSPORTATION SAFETY BOARD Salaries and Expenses Appropriation, fiscal year 1995......................... $37,392,000 Budget estimate, fiscal year 1996....................... 38,774,000 Recommended in the bill................................. 38,774,000 Bill compared with: Appropriation, fiscal year 1995..................... +1,382,000 Budget estimate, fiscal year 1996................................... Under the Independent Safety Board Act, the National Transportation Safety Board (NTSB) is responsible for improving transportation safety by investigating accidents, conducting special studies, developing recommendations to prevent accidents, evaluating the effectiveness of the transportation safety programs of other agencies, and reviewing appeals of adverse actions involving airman and seaman certificates and licenses, and civil penalties issued by the Department of Transportation. The bill includes an appropriation of $38,774,000 for the NTSB, an increase of $1,382,000 above the 1995 level. This amount is the same as the budget request. The amount recommended provides for a full-time equivalent employment (FTE) level of 350. On May 5, 1995, the Committee received correspondence from NTSB of an internal realignment of the Board's administrative functions. The impetus for these changes is a recommendation of an internal audit and review committee and is designed to better align the Board's administrative functions with the organizational units with which they primarily interface. The realignment is subsequent to the budget request and the Committee's recommendation reflects these changes. The following table summarizes the fiscal year 1995 program level, the President's fiscal year 1996 request, and the Committee's recommendations: ---------------------------------------------------------------------------------------------------------------- Fiscal year 1995 Fiscal year 1996 estimate Recommended in bill enacted ----------------------------------------------------- Program ---------------------- Staff Budget Staff years Budget Staff Budget years authority authority years authority ---------------------------------------------------------------------------------------------------------------- Policy and direction................ 50 $5,879,000 45 $5,662,000 45 $5,662,000 Aviation safety..................... 122 12,859,000 122 13,334,000 122 13,334,000 Surface transportation.............. 91 9,782,000 94 10,473,000 94 10,473,000 Research and engineering............ 51 5,411,000 48 5,281,000 48 5,281,000 Administration...................... 32 2,689,000 31 2,692,000 31 2,692,000 Administrative law judges........... 4 781,000 10 1,332,000 10 1,332,000 --------------------------------------------------------------------------- Total......................... 350 37,392,000 350 38,774,000 350 38,774,000 ---------------------------------------------------------------------------------------------------------------- The Committee expects to be advised if the Board proposes to deviate in any way from its total FTE allocations or by more than ten percent from the funding allocations listed above. Emergency Fund Appropriation, fiscal year 1995......................................... Budget estimate, fiscal year 1996....................... $360,802 Recommended in the bill................................. 160,802 Bill compared with: Appropriation, fiscal year 1995..................................... Budget estimate, fiscal year 1996................... -200,000 The bill includes an appropriation of $160,802 for the emergency fund, which is $200,000 less than the 1996 budget request. Under Public Law 97-267, Supplemental Appropriations Act, 1982, Congress provided a $1,000,000 emergency fund to be used for accident investigation expenses when investigations would otherwise have been hampered by lack of funding. The emergency fund has been used twice--in 1985 to assist in recovery of portions of an Air India wreckage and in 1989 to locate and recover the cargo door separated from a United Airlines flight. Because this emergency fund has been below the $1,000,000 mark since 1985 and NTSB has been able to carry out its unpredictable accident investigations without any difficulties, the Committee has only increased the emergency fund to $800,000. INTERSTATE COMMERCE COMMISSION Salaries and Expenses Appropriation, fiscal year 1995......................... $30,302,000 Budget estimate, fiscal year 1996....................... \1\ 28,844,000 Recommended in the bill................................. 13,379,000 Bill compared with: Appropriation, fiscal year 1995..................... -16,923,000 Budget estimate, fiscal year 1996................... -15,465,000 \1\ The President's budget request was for $33,202,000; however, it was later amended to $28,844,000. The Interstate Commerce Commission (ICC) is an independent federal agency responsible for regulating interstate surface transportation within the United States. In carrying out its regulatory responsibilities, the Commission attempts to ensure that competitive, efficient, and safe transportation services are provided to meet the needs of shippers, receivers, and consumers. The ICC today maintains jurisdiction over approximately 60,000 for-hire companies providing surface transportation in the United States. These companies include railroads, trucking firms, bus lines, water carriers, one coal slurry pipeline, freight forwarders, and transportation brokers. The administration plans to sunset ICC in 1996. As part of this effort, the administration has proposed legislation that would make sweeping changes to current ICC functions. These changes include deregulating some motor carrier and railroad functions, deregulating both inland and offshore domestic shipping, and eliminating all remaining restrictions against intermodal transportation. Although the President's budget proposes half a year of funding for the ICC before the Commission's relevant functions are sunsetted or transferred, the ICC has been working towards a September 30, 1995 sunset date. To do so, the ICC requires authorizing legislation 90 days prior to the Commission's closure so that it can provide its employees with 60 days termination notices, close field offices, transfer ongoing work to the appropriate departments, and dispose of property. At this time, the legislation to sunset ICC has not been reported by the appropriate authorizing committees. Committee Recommendation The Committee recommends a total appropriation of $13,379,000. This is $16,923,000 less than was appropriated in fiscal year 1995 and is $15,465,000 less than was requested. This appropriation consists of the following components: Salaries and expenses................................... $8,395,000 Severance and closedown costs........................... 4,984,000 Salaries and expenses.--The Committee has included $8,395,000 to provide for the salaries and expenses of 392 staff years in fiscal year 1996. This funding level is provided to ensure that the Commission terminates it operations by December 31, 1995. Severance and closedown costs.--The Committee has provided $4,984,000 for severed employees and for closure and transition costs. Of this sum, $3,600,000 has been provided to separate headquarter and regional employees by December 31, 1995. The remainder ($1,384,000) has been provided for closure and transition expenditures, such as closing out personnel records, boxing records, microfilming records, and disposing of the library. The Committee strongly encourages that Commission to work with the telephone company so that ICC does not incur a $900,000 charge for disconnecting the telephone service. User fees.--In fiscal year 1994, ICC collected $8,178,500 in user fees from various motor and rail activities, such as case processing, tariffs, insurance, licensing, and registration. In fiscal year 1995, the Commission expects to collect $8,941,600. The Committee has included language continuing the collection of these fees in fiscal year 1996. These fees will supplement the expenses incurred by the ICC and will be made available in monthly increments. Payments for Directed Rail Service (limitation on obligations) Limitation, fiscal year 1995............................ ($475,000) Budget estimate, fiscal year 1996....................... (475,000) Recommended in the bill................................. (475,000) Bill compared with: Limitation, fiscal year 1995........................ (.............) Budget estimate, fiscal year 1996................... (.............) If a railroad ceases operations due to the lack of cash or a court order, the ICC is authorized under 49 U.S.C. 11125 to direct other railroads to continue the service of the railroad that ceased its operations. The directed carriers are reimbursed for the losses incurred and paid six percent of gross revenues on the service performed. This authority is limited to an initial 60-day period. The Commission may extend this period for up to an additional 180 days. The bill includes an obligation limitation of $475,000 for fiscal year 1996, as proposed in the budget. The ICC has indicated that no directed rail costs are anticipated. PANAMA CANAL COMMISSION The Commission was established by the Panama Canal Act of 1979 to carry out the responsibilities of the United States with respect to the Panama Canal under the Panama Canal Treaty of 1977. The authority of the President of the United States with respect to the Commission is exercised through the Secretary of Defense and the Secretary of the Army. The Commission is supervised by a nine-member Board. Five members are nationals of the United States and four are Panamanians. Board members who are U.S. nationals are appointed by the President with the advice and consent of the Senate. The Commission will remain in existence until the treaty terminates on December 31, 1999, when the Republic of Panama will assume full responsibility for the Canal. The Commission is the successor agency to the Panama Canal Company and Canal Zone Government and has as its primary function the operation and maintenance of the interoceanic Panama Canal. The operation of the waterway is conducted on a commercial basis with revenues derived from tolls collected from vessels and other essential supporting services. These revenues are deposited into the Panama Canal revolving fund. Public Law 100-203, approved December 22, 1987, amended the Panama Canal Act of 1979 to convert the Panama Canal Commission from an appropriated-fund agency to a revolving-fund agency beginning on January 1, 1988. This legislation provided for the termination of the Panama Canal Commission special fund and established the Panama Canal revolving fund. The legislation prescribed that on the effective date of the Panama Canal Revolving Fund Act: (1) the unappropriated balance of the Panama Canal Commission fund, including undeposited receipts as of the close of business on the day before the effective date of the Act, shall be transferred to the Panama Canal revolving fund; and (2) the unexpended balance of appropriations, including the $10,000,000 unobligated emergency fund appropriation, shall be transferred to the Panama Canal revolving fund. Such amounts, including amounts appropriated for capital expenditures, remain available until expended. In addition, Public Law 100-203 establishes borrowing authority for the Commission, the amount of which cannot exceed $100,000,000 at any time. Administrative Expenses and Limitation on Operating and Capital Expenses ------------------------------------------------------------------------ Administrative Limitation on expenses operating/capital ------------------------------------------------------------------------ Limitation, fiscal year 1995...... ($50,030,000) ($540,000,000) Budget estimate, fiscal year 1996. (50,741,000) ................. Recommended in the bill........... (50,741,000) ................. Bill compared with: Limitation, fiscal year 1995.. (+711,000) (-540,000,000) Budget estimate, fiscal year 1996......................... ................. ................. ------------------------------------------------------------------------ The Committee recommends the budget estimate of $50,741,000 for the administrative expenses of the Panama Canal Commission. The activities funded under administrative expenses include: executive direction, operations direction, financial management, personnel administration, and those employment costs of the Commission that are general in nature and not identifiable with other specified activities. Reception and representation expenses, as provided in the bill, would be limited to $11,000 for the Board, $5,000 for the Secretary, and $30,000 for the Administrator. The bill has deleted language limiting obligations for non- administrative operating expenses and capital projects, consistent with the budget request. TITLE III GENERAL PROVISIONS (including transfers of funds) The Committee concurs with the general provisions that apply to the Department of Transportation and related agencies as proposed in the budget with the following changes: The Committee has not approved the requested deletion of the following sections, all of which were contained in the fiscal year 1995 Department of Transportation and Related Agencies Appropriations Act: Section 316 prohibits the use of funds for regulations that would establish a vessel traffic safety fairway in California. Section 323 prohibits the use of funds to enforce certain regulations relating to slot management at O'Hare International Airport. Section 325 pertains to the collection of tolls on bridges connecting the boroughs of Brooklyn and Staten Island, New York. Section 326 limits funds to compensate in excess of 335 staff years under the federally-funded research and development contract between the Federal Aviation Administration and the Center for Advanced Aviation Systems Development. Section 332 provides for a full and open competition for the Coast Guard acquisition of 47-foot motor life boats for fiscal years 1995 through 2000. Section 333 prohibits the use of funds to be used for planning, engineering, design or construction of a sixth runway at the new Denver International Airport. The Committee has included the following general provisions as requested with modifications: Section 310 would be continued with modifications. The Committee would limit first quarter obligations to 12 percent instead of 15 percent. The Committee would not subject to the obligation limitation for federal-aid highways programs and activities currently exempt from the limitation. Also, the Committee would not set-aside $30,000,000 for the Symms National Recreational Trails Act, and $300,000,000 for congestion relief and mitigation projects. Section 334 that allows for the use of transit capital funds to overhaul buses that extend the economic life of the bus. The Committee would include an effective date of March 31, 1996. The Committee has not included provisions proposed in the budget: (1) prohibiting the change in status of the Volpe National Transportation Center or the Turner-Fairbank Highway Research Systems Center; and (2) pertaining to the reorganization of the Department of Transportation and the creation of a unified transportation infrastructure investment program. In addition, the following new general provisions are recommended by the Committee: Section 327 reduces funding for activities of the working capital fund of the Department of Transportation and limits obligational authority of the fund to $92,231,000. Section 330 prohibits funds to be used to prepare, propose, or promulgate any regulation pursuant title V of the Motor Vehicle Information and Cost Savings Act prescribing corporate average fuel economy standards for automobiles as defined in such title, in any model year that differs from standards promulgated for such automobiles prior to enactment of this section. Section 336 cancels $25,000,000 for personnel compensation and benefits and other administrative costs associated with streamlining the Department of Transportation's regional and division offices and providing the Secretary transfer authority among appropriations accounts to carry out this restructuring. Section 337 allows the Secretary to transfer funds from other office of the secretary accounts for rental payments in excess of the amounts provided in the bill. Section 338 prohibits funds for any type of training which: (a) is personally offensive to students; (b) discusses or teaches religious concepts or ideas; (c) attempts to teach or modify one's personal values or lifestyle; (d) is for AIDS awareness training, except for raising awareness of medical ramifications of AIDS and workplace rights of employees; or (e) does not meet needs for knowledge, skills, and abilities bearing directly on the performance of official duties. Section 339 allows parks on Hot Springs, Arkansas, airport property to operate without regard to revenue diversion/rent maximization laws. Section 340 requires the Federal Aviation Administration's retirement-eligible employees on workers' compensation to retire. Section 341 prohibits funds for technical training, tours, research fellowships, or other forms of technology transfer with citizens of the Peoples' Republic of China. Section 342 requires Federal Transit Administration oversight of the Washington Metropolitan Area Transit Authority to be based in the Washington, D.C., metropolitan area. Section 343 repeals 49 USC 5333(b) (section 13(c) of the Federal Transit Act). Section 344 provides $8,421,000 for certain rail and motor carrier functions for the successor of the Interstate Commerce Commission and provides for the collection of user fees by that successor. Section 345 requires the Massachusetts Department of Transportation to submit a financial plan for the cost-to- complete the Central Artery/Third Harbor Tunnel project. Such plan must be approved by the Secretary before authorizing funding for additional federal-aid projects, and the financial plan must be updated and approved biannually until the project is complete. TITLE IV PROVIDING FOR THE ADOPTION OF MANDATORY STANDARDS AND PROCEDURES GOVERNING THE ACTIONS OF ARBITRATORS IN THE ARBITRATION OF LABOR DISPUTES INVOLVING TRANSIT AGENCIES OPERATING IN THE NATIONAL CAPITAL REGION Title IV of the bill provides standards for an arbitrator to consider in making an arbitration award involving the Washington Metropolitan Area Transit Authority (WMATA). The arbitrator may not make an award unless several factors have been considered, including the financial ability of the transit agency and the participating governments, the regional consumer price index, and wages and benefits for comparable work elsewhere in the region. This title ensures that the arbitrator will consider financial ability of the local jurisdictions, i.e., Maryland, Virginia and the District of Columbia, and the transit agency in making a determination. This measure will assist WMATA manage its labor costs at a time when federal dollars are increasingly scarce and state and local jurisdictions, including the District of Columbia, are facing severe budget constraints. There is a clear federal interest in providing affordable public transit in the national capital region. In view of the large federal workforce and the millions of visitors each year to the national capital region, Congress has a responsibility to address this significant labor issue facing WMATA. It is the Committee's expectation that this title will preserve affordable transit in the nation's capital in perpetuity. HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS The following items are included in accordance with various requirements of the Rules of the House of Representatives: Inflationary Impact Statement Clause 2(l)(4) of rule XI of the House of Representatives requires that each Committee report on a bill or resolution shall contain a statement as to whether enactment of such bill or resolution may have an inflationary impact on prices and costs in the operation of the national economy. The accompanying bill contains appropriations and other new spending authority totaling $37,754,558,806. Of the amount recommended, about 22 percent is for personnel and operating costs of the various transportation bureaus and agencies. The Committee does not believe that these personnel costs will have a measurable impact on the aggregate rate of inflation. Approximately three percent of the amounts recommended in the bill will finance transportation planning and operating costs for states, cities, and certain private organizations, and one percent will finance various transportation research and development activities. The remaining 73 percent will finance transportation construction and development projects in various parts of the nation. The Committee believes these activities will improve our nation's transportation system. Improved and lower cost transportation can reduce the prices of goods by lowering the costs of production and by improving labor productivity through specialization. The Committee also believes that improved and lower cost transportation provides more producers with the opportunity to sell their products in more markets, thereby enhancing competition and providing consumers with broader choices and lower prices. Consequently, the level of financing provided for transportation construction activities would have an inflationary impact only to the extent that the benefits resulting from lower cost transportation were offset by higher prices resulting from insufficient capacity in the construction industry to meet all of the demands for construction by the public and private sectors. Rescissions Pursuant to clause 1(b) of rule X of the House of Representatives, the following table is submitted describing the rescissions recommended in the accompanying bill: Office of the Secretary, Payments to air carriers....... -$30,386,971 Federal Aviation Administration, Facilities and equipment (Airport and Airway Trust Fund)........... -60,000,000 National Highway Traffic Safety Administration, Operations and Research............................. -4,547,185 Transfers of Funds Pursuant to clause 1(b) of rule X of the House of Representatives, the following statement is submitted describing the transfers of funds provided in the accompanying bill. The Committee recommends the following transfers between accounts: Under Federal Highway Administration, highway-related safety grants: Provided, That not to exceed $100,000 of the amount appropriated herein shall be available for ``Limitation on general operating expenses.'' Under Research and Special Programs Administration, Research and special programs: Provided, That $2,322,000 shall be transferred to the Bureau of Transportation Statistics for the expenses necessary to conduct activities related to Airline Statistics. Under section 322 of the general provisions: Notwithstanding any other provision of law, any funds appropriated before October 1, 1993, under chapter 53 of title 49 U.S.C., that remain available for expenditure may be transferred to and administered under the most recent appropriation heading for any such section. Under section 336 of the general provisions: Provided further, That the Secretary may for the purpose of consolidation of offices and facilities other than those at Headquarters * * * transfer the funds made available by this Act for civilian and military personnel compensation and benefits and other administrative expenses to other appropriations made available to the Department of Transportation as the Secretary may designate, to be merged with and to be available for the same purposes and for the same time period as the appropriations of funds to which transferred. Under section 337 of the general provisions: The Secretary of Transportation is authorized to transfer funds appropriated for any office of the Office of the Secretary to ``Rental payments'' for any expense authorized by that appropriation in excess of the amounts provided in this Act. ``Ramseyer'' Rule In compliance with clause 3 of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman): TITLE 49, UNITED STATES CODE * * * * * * * Subtitle III--General and Intermodal Programs * * * * * * * CHAPTER 53--MASS TRANSPORTATION * * * * * * * Sec. 5302. Definitions (a) General.--In this chapter-- (1) ``capital project'' means a project for-- (A) * * * (B) rehabilitating a bus [that extends the economic life for a bus for at least 5 years]; (C) remanufacturing a bus [that extends the economic life of a bus for at least 8 years]; or * * * * * * * Sec. 5333. Labor standards (a) Prevailing Wages Requirement.--The Secretary of Transportation shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed with a grant or loan under this chapter be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a--276a-5). The Secretary of Transportation may approve a grant or loan only after being assured that required labor standards will be maintained on the construction work. For a labor standard under this subsection, the Secretary of Labor has the same duties and powers stated in Reorganization Plan No. 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267) and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c). [(b) Employee Protective Arrangements.--(1) As a condition of financial assistance under sections 5307-5312, 5318(d), 5823(a)(1), (b), (d), and (e), 5328, 5337, and 5338(j)(5) of this title, the interests of employees affected by the assistance shall be protected under arrangements the Secretary of Labor concludes are fair and equitable. The agreement granting the assistance under sections 5307-5312, 5318(d), 5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(j)(5) shall specify the arrangements. [(2) Arrangements under this subsection shall include provisions that may be necessary for-- [(A) the preservation of rights, privileges, and benefits (including continuation of pension rights and benefits) under existing collective bargaining agreements or otherwise; [(B) the continuation of collective bargaining rights; [(C) the protection of individual employees against a worsening of their positions related to employment; [(D) assurances of employment to employees of acquired mass transportation systems; [(E) assurances of priority of reemployment of employees whose employment is ended or who are laid off; and [(F) paid training or retraining programs. [(3) Arrangements under this subsection shall provide benefits at least equal to benefits established under section 11347 of this title.] * * * * * * * Changes in Existing Law Pursuant to clause 3 of rule XXI of the House of Representatives, the following statements are submitted describing the effects of provisions in the accompanying bill which might be construed, under some circumstances, as directly or indirectly changing the application of existing law. The bill provides that appropriations shall remain available for more than one year for a number of programs for which the basic authorizing legislation does not explicitly authorize such extended availability. The bill includes limitations on official entertainment, reception and representation expenses for the Secretary of Transportation, National Transportation Safety Board, and Panama Canal Commission. Similar provisions have appeared in many previous appropriations Acts. The bill provides for transfer of funds which might be construed as changing the application of existing law. Similar provisions have appeared in previous appropriations Acts. These items are discussed under the appropriate heading in the report. The bill includes a number of limitations on the purchase of automobiles, motorcycles, or office furnishings. Similar limitations have appeared in many previous appropriations Acts. Several limitations on obligations are contained in Title I. Although these provisions are strict limitations, they do have the effect of reducing obligations below the levels that otherwise would be available. Language is included in several instances permitting certain funds to be credited to the appropriations recommended. Language is included that does not permit the Department of Transportation to maintain duplicate physical copies of airline tariffs. Language is included under Office of the Secretary, ``Salaries and expenses,'' which would allow crediting the account with up to $1,000,000 in user fees to support the electronic tariff filing system. Language is included that limits operating costs and capital outlays of the Department of Transportation working capital fund. Language is included under ``Payments to air carriers'' limiting the liquidating cash under the program, stipulating that no claims may be paid except in accordance with the limitation, and requiring a matching share to participate in the ``Payments to air carriers'' program. Language is included under the Coast Guard, ``Operating expenses'' which specifies that the number of aircraft on hand at any one time cannot exceed two hundred and eighteen. Language is included under the Coast Guard, ``Operating expenses'' which specifies that none of the funds appropriated shall be available for pay or administrative expenses in connection with shipping commissioners. Language is included under the Coast Guard, ``Operating expenses'' that limits the use of funds for yacht documentation to the amount of fees collected from yacht owners. Language is included under the Coast Guard, ``Operating expenses'' that specifies that the Commandant shall reduce both military and civilian employment levels to comply with Executive Order No. 12839. Language is included under the Coast Guard, ``Operating expenses'' that specifies that not less than $314,200,000 shall be available for drug enforcement activities. Language is included under the Coast Guard, ``Acquisition, construction, and improvements'' that credits funds received from the sale of the VC-11A and HU-25 aircraft to this account to purchase new aircraft. Language is included under the Coast Guard, ``Acquisition, construction, and improvements'' that allows the Secretary to transfer $50,000,000 in total for the year solely for providing funds for streamlining plans. Language is included under the Coast Guard, ``Research, development, test, and evaluation'' that credits funds received from state and local governments and other entities for expenses incurred for research, development, testing, and evaluation. Language is included under the Coast Guard, ``Emergency fund'' that limits obligations to $3,000,000. Language is included under Federal Aviation Administration, ``Operations,'' that prohibits the use of funds for new applicants of the second career training program. Language is included under the FAA, ``Operations,'' that prohibits the use of funds for premium pay unless an employee actually performed work during the time corresponding to the premium pay. Language is included under the FAA, ``Operations,'' permitting the use of funds to enter into a grant agreement with a nonprofit standard setting organization to develop safety standards. Language is included under the FAA, ``Facilities and equipment,'' that allows certain funds received for expenses incurred in the establishment and modernization of air navigation facilities to be credited to the account. Language is included under the FAA, ``Research, engineering, and development,'' that allows certain funds received for expenses incurred in research, engineering and development to be credited to the account. Language is included providing borrowing of not to exceed $1,600,000 for payment of defaulted aircraft loan guarantees. The bill includes a limitation on general operating expenses of the Federal Highway Administration. The bill includes language prohibiting obligations for right-of-way acquisition. Language is included under National Highway Traffic Safety Administration, ``Operations and research'' prohibiting the planning or implementation of any rulemaking on labeling passenger car tires for low rolling resistance. Language is included under National Highway Traffic Safety Administration,'' highway traffic safety grants limiting obligations for certain safety grant programs. Language in the National Highway Traffic Safety Administration highway traffic safety grants that withholds $3,000,000 from the Section 402 apportionment formula and distributes it to three states to prototype and evaluate the benefits of the safe communities program. Language is included under Federal Railroad Administration, ``Office of the administrator,'' authorizing the Secretary to receive payments from the Union Station Redevelopment Corporation, credit them to the appropriation charged with the first deed of trust, and make payments on the first deed of trust. Language is included authorizing the Secretary to issue fund anticipation notes necessary to pay obligations under section 511 through 513 of the Railroad Revitalization and Regulatory Reform Act and to expend proceeds from the sale of fund anticipation notes. The bill included language prohibiting obligations for the National Magnetic Levitation Prototype Development program. Language is included under Federal Railroad Administration, ``Grants to the National Railroad Passenger Corporation,'' that provides that the funds for Amtrak are not available unless authorized by law. Language is included under Federal Railroad Administration, ``Grants to the National Railroad Passenger Corporation,'' regarding the use of funds for lease or purchase of passenger motor vehicles. Language is included under Federal Transit Administration, ``Formula grants,'' limiting mass transportation operating assistance. Language is included under the Federal Transit Administration, ``Discretionary grants,'' allowing Salt Lake City light rail transit project funds to be used for high occupancy vehicle lane and intermodal design costs. Language is included under Research and Special Programs Administration, ``Research and special programs,'' which would allow up to $1,000,000 in fees collected under 49 U.S.C. 5108(g) to be deposited in the general fund of the Treasury as offsetting receipts. Language is included under Research and Special Programs Administration, ``Research and special programs,'' that credits certain funds received for expenses incurred for training and other activities. Language is included under Research and Special Programs Administration, ``Pipeline safety'' that provides not to exceed $1,000,000 for one-call notification systems. Language is included under Research and Special Programs Administration, ``Emergency preparedness grants,'' limiting the individuals who may obligate funds provided under this head. Language is included under ``Architectural and Transportation Barriers Compliance Board, ``Salaries and expenses,'' that provides that funds received for publications and training may be credited to the appropriation. Language is included under Interstate Commerce Commission, ``Salaries and expenses,'' allowing for the collection of fees by the ICC and providing that one-twelfth of $8,300,000 of those fees collected shall be available for salaries and expenses each month the ICC remains in existence. The Committee is recommending language limiting to $475,000 obligations for payments for directed rail service under the Interstate Commerce Commission. Language is included in several instances rescinding budget authority previously provided. Sections 301 through 345 of the bill contain a number of general provisions that place limitations on the use of funds in the bill and which might, under some circumstances, be construed as changing the application of existing law. The bill includes language regarding the administration of the federal-aid highways obligation limitation. The bill includes several new or modified provisions that could be construed as changing existing law as follows: Section 327 reduced funding for activities of the working capital fund of the Department of Transportation and limits obligational authority of the fund to $92,231,000. Section 330 prohibits funds to be used to prepare, propose, or promulgate any rule under title V of the Motor Vehicle Information and Cost Savings Act prescribing corporate average fuel economy standards for automobiles. Section 334 that allows for the use of transit capital funds to overhaul buses that extend the economic life of the bus, effective after March 31, 1996. Section 336 cancels $25,000,000 for personnel compensation and benefits and other administrative costs associated with streamlining the Department of Transportation's regional and division offices and providing the Secretary transfer authority among appropriations accounts to carry out this restructuring. Section 337 allows the Secretary to transfer funds from other office of the secretary accounts for rental payments in excess of the amounts provided in the bill. Section 338 prohibits funds for any type of training which: (a) is personally offensive to students; (b) discusses or teaches religious concepts or ideas; (c) attempts to teach or modify one's personal values or lifestyle; (d) is for AIDS awareness training, except for raising awareness of medical ramifications of AIDS and workplace rights of employees; or (e) does not meet needs for knowledge, skills, and abilities bearing directly on the performance of official duties. Section 339 allows parks on Hot Springs, Arkansas, airport property to operate without regard to revenue diversion/rent maximization laws. Section 340 requires the Department of Transportation (excluding the Maritime Administration) retirement-eligible employees on workers' compensation to retire. Section 341 prohibits funds for technical training, tours, research fellowships, or other forms of technology transfer with citizens of the People's Republic of China. Section 342 requires Federal Transit Administration oversight of the Washington Metropolitan Area Transit Authority to be based in the Washington, D.C., metropolitan area. Section 343 repeals 49 USC 5333(b) (section 13(c) of the Federal Transit Act). Section 344 provides $8,421,000 for certain rail and motor carrier functions for the successor of the Interstate Commerce Commission and provides for the collection of user fees by that successor. Section 345 requires the Massachusetts Department of Transportation to submit a financial plan for the approval of the Secretary of Transportation based on the costs-to-complete the Central Artery/Third Harbor Tunnel project before any additional federal-aid funding for projects may be authorized; and requires that the financial plan be updated and approved biannually until the project is complete. The bill also includes a new title, ``National Capital Area Interest Arbitration Standards Act of 1995.'' Appropriations Not Authorized by Law Pursuant to clause 3 of rule XXI of the House of Representatives, the following lists the appropriations in the accompanying bill which are not authorized by law: United States Coast Guard Federal Aviation Administration, Operations, Office of Commercial Space Transportation Research and Special Programs Administration, Research and special programs National Highway Traffic Safety Administration, Operations and Research National Highway Traffic Safety Administration, Highway traffic safety grants Federal Railroad Administration, Northeast corridor improvement program Federal Railroad Administration, Grants to the National Railroad Passenger Corporation Research and Special Programs Administration, Pipeline Safety Comparison With Budget Resolution Section 308(a)(1)(A) of the Congressional Budget and Impoundment Control Act of 1974 (Public Law 93-344), as amended, requires that the report accompanying a bill providing new budget authority contain a statement detailing how the new authority compares with the reports submitted under section 602(b) of the Act for the most recently agreed to concurrent resolution on the budget for the fiscal year. This information follows: ------------------------------------------------------------------------ 602(b) allocation This bill --------------------------------------------------- Budget Budget authority Outlays authority Outlays ------------------------------------------------------------------------ Discretionary....... 12,600 36,947 12,218 37,064 Mandatory........... 584 581 582 581 ------------------------------------------------------------------------ Note.--The amount included in this bill as shown above does not include estimates of the effect of H.R. 1944, The Emergency Supplemental Appropriations and Rescissions Bill for FY 1995. The estimates were not included since H.R. 1944 had not received final Congressional approval at the time this report was filed. If H.R. 1944 is approved, the amount scored to this bill will change and the new amount will be within the 602(b) subdivision. The bill provides new spending authority as defined under section 401(c)(2) of the Congressional Budget and Impoundment Control Act of 1974 (Public Law 93-344), as amended, as follows: Under Federal Railroad Administration, Railroad rehabilitation and improvement financing funds, authority is provided to issue notes necessary to pay obligations under sections 511 through 513 of the Railroad Revitalization and Regulatory Reform Act. This provision has been included at the request of the administration because the government's financial obligations under this program are difficult to determine in advance and may require immediate expenditures of funds. The Committee has received no indication to date that this authority will be used in fiscal year 1995. Similar provisions have been included in many previous appropriations Acts. Five-Year Outlay Projections In accordance with section 308(a)(1)(C) of the Congressional Budget Act of 1974 (Public Law 93-344), as amended, the following information was provided to the Committee by the Congressional Budget Office: (In millions of dollars) Budget authority in the bill............................ 12,218 Outlays: 1996................................................ 12,092 1997................................................ 14,077 1998................................................ 5,484 1999................................................ 1,977 2000................................................ 1,814 \1\ Excludes outlays from prior year budget authority. Financial Assistance to State and Local Governments In accordance with section 308(a)(1)(D) of Public Law 93- 344, the Congressional Budget Office has provided the following estimates of new budget authority and outlays provided by the accompanying bill for financial assistance to state and local governments: (In millions of dollars) Budget authority........................................ 1,206 Fiscal year 1996 outlays................................ 3,720 Full Committee Votes Pursuant to the provisions of clause 2(1)(2)(b) of rule XI of the House of Representatives, the results of each roll call vote on an amendment or on the motion to report, together with the names of those voting for and those voting against, are printed below: rollcall number 1 Date: June 30, 1995. Measure: Department of Transportation appropriations bill, fiscal year 1996. Motion by: Mr. Obey. Description of motion: Adds $150 million for mass transit; $4.9 million for FAA safety operations; and deletes funding for essential air services. Results: Rejected 20 to 28. Members Voting Yea Members Voting Nay Mr. Coleman Mr. Bonilla Mr. Dicks Mr. Bunn Mr. Dixon Mr. Callahan Mr. Fazio Mr. DeLay Mr. Foglietta Mr. Dickey Mr. Hefner Mr. Durbin Mr. Hoyer Mr. Forbes Ms. Kaptur Mr. Frelinghuysen Mrs. Lowey Mr. Hobson Mr. Murtha Mr. Istook Mr. Obey Mr. Kingston Ms. Pelosi Mr. Knollenberg Mr. Sabo Mr. Lewis Mr. Skaggs Mr. Lightfoot Mr. Stokes Mr. Livingston Mr. Thornton Mr. Miller Mr. Torres Mr. Myers Mr. Visclosky Mr. Nethercutt Mr. Wilson Mr. Neumann Mr. Yates Mr. Packard Mr. Porter Mr. Regula Mr. Rogers Mr. Skeen Mrs. Vucanovich Mr. Wicker Mr. Wolf Mr. Young Full Committee Votes Pursuant to the provisions of clause 2(1)(2)(b) of rule XI of the House of Representatives, the results of each roll call vote on an amendment or on the motion to report, together with the names of those voting for and those voting against, are printed below: rollcall number 2 Date: June 30, 1995. Measure: Department of Transportation appropriations bill, fiscal year 1996. Motion by: Mr. Coleman. Description of motion: Strikes and inserts bill language relating to labor protections in Federal transit programs. Results: Rejected 23 to 25. Members Voting Yea Members Voting Nay Mr. Bunn Mr. Bonilla Mr. Coleman Mr. DeLay Mr. Dicks Mr. Dickey Mr. Dixon Mr. Frelinghuysen Mr. Durbin Mr. Hobson Mr. Fazio Mr. Istook Mr. Foglietta Mr. Kingston Mr. Forbes Mr. Knollenberg Mr. Hoyer Mr. Kolbe Ms. Kaptur Mr. Lewis Mrs. Lowey Mr. Lightfoot Mr. Mollohan Mr. Livingston Mr. Neumann Mr. Miller Mr. Obey Mr. Myers Mr. Riggs Mr. Nethercutt Mr. Sabo Mr. Packard Mr. Skaggs Mr. Porter Mr. Stokes Mr. Regula Mr. Thornton Mr. Rogers Mr. Torres Mr. Skeen Mr. Visclosky Mr. Taylor Mr. Wilson Mrs. Vucanovich Mr. Yates Mr. Wicker Mr. Wolf Mr. Young Full Committee Votes Pursuant to the provisions of clause 2(1)(2)(b) of rule XI of the House of Representatives, the results of each roll call vote on an amendment or on the motion to report, together with the names of those voting for and those voting against, are printed below: rollcall number 3 Date: June 30, 1995. Measure: Department of Transportation appropriations bill, fiscal year 1996. Motion by: Mr. Foglietta. Description of motion: Adds $135 million for transit subsidies by limiting to $200 million the amount States could spend on highway demonstration projects. Results: Rejected 20 to 27. Members Voting Yea Members Voting Nay Mr. Coleman Mr. Bonilla Mr. Dicks Mr. Bunn Mr. Dixon Mr. DeLay Mr. Durbin Mr. Dickey Mr. Fazio Mr. Forbes Mr. Foglietta Mr. Frelinghuysen Mr. Hoyer Mr. Istook Ms. Kaptur Mr. Kingston Mrs. Lowey Mr. Knollenberg Mr. Mollohan Mr. Kolbe Mr. Obey Mr. Lewis Ms. Pelosi Mr. Lightfoot Mr. Sabo Mr. Livingston Mr. Skaggs Mr. Miller Mr. Stokes Mr. Myers Mr. Thornton Mr. Nethercutt Mr. Torres Mr. Neumann Mr. Visclosky Mr. Packard Mr. Wilson Mr. Porter Mr. Yates Mr. Regula Mr. Riggs Mr. Rogers Mr. Skeen Mrs. Vucanovich Mr. Wicker Mr. Wolf Mr. Young <GRAPHIC NOT AVAILABLE IN TIFF FORMAT> <GRAPHIC NOT AVAILABLE IN TIFF FORMAT> <GRAPHIC NOT AVAILABLE IN TIFF FORMAT> <GRAPHIC NOT AVAILABLE IN TIFF FORMAT> <GRAPHIC NOT AVAILABLE IN TIFF FORMAT> <GRAPHIC NOT AVAILABLE IN TIFF FORMAT> <GRAPHIC NOT AVAILABLE IN TIFF FORMAT> <GRAPHIC NOT AVAILABLE IN TIFF FORMAT> <GRAPHIC NOT AVAILABLE IN TIFF FORMAT> <GRAPHIC NOT AVAILABLE IN TIFF FORMAT> <GRAPHIC NOT AVAILABLE IN TIFF FORMAT> <GRAPHIC NOT AVAILABLE IN TIFF FORMAT> <GRAPHIC NOT AVAILABLE IN TIFF FORMAT> <GRAPHIC NOT AVAILABLE IN TIFF FORMAT> <GRAPHIC NOT AVAILABLE IN TIFF FORMAT> ADDITIONAL VIEWS OF HONORABLE DAVID OBEY, HONORABLE MARTIN OLAV SABO, HONORABLE RICHARD J. DURBIN, HONORABLE RONALD D. COLEMAN, HONORABLE THOMAS M. FOGLIETTA The Department of Transportation Appropriations Bill is an important bill for our nation's continued economic prosperity and for the safety and security of the traveling public. All Americans are touched by this bill as they travel to and from work on the nation's highways and subways, travel by airplane to conduct business and visit family and friends, and consume goods transported across the country by truck, railroads, barges and airplanes. There is no doubt that this bill makes significant progress toward providing funding for some of our nation's critical infrastructure needs, particularly to address the nation's roads, highways and bridges that are in desperate need of repair and rehabilitation and to expand capacity at our most heavily congested airports. We support the increases recommended for the Federal-aid Highways Program and the Airport Improvement Program. We are deeply concerned, however, about the disproportionate reductions in transit capital and operating assistance. We believe that it is shortsighted not to provide the level of federal assistance needed to ensure the viable and safe operation of buses and rapid transit for the millions of Americans who rely on mass transit. Twenty percent of our nation's population, over 52 million people, live in rural areas and many of them will be affected by the 44 percent reduction in transit operating assistance recommended in this bill. Further, the reductions in transit funding will impede urban transit properties' efforts to move people to work, to break the traffic gridlock that grips cities, and to improve air quality in cities across the country. We believe that the recommended $250 million reduction in funding to maintain, revitalize and extend bus and transit infrastructure is penny- wise and pound-foolish. Mass transit investments provide mobility to disadvantaged individuals, ease congestion on our already crowded highways, and provide jobs to middle-class Americans. They are a wise investment in our nation's productivity. Further, we reject the arguments made by some that the recommended reductions for transit somehow justify the termination of the collective bargaining rights of transit workers. While we share some legitimate concerns about the Department of Labor's administration of Section 13(c) of the Federal Transit Act, these concerns have largely been addressed in its June 30, 1995 proposed notice of rulemaking which would both streamline and expedite the program by guaranteeing certification of all grants within sixty days and impose other reforms that will make the 13(c) process more efficient. Not only is it inappropriate to include provisions repealing Section 13(c) and abrogating existing contracts in this bill, but it is also unsound and unjust public policy. These provisions threaten the jobs, pay and benefits of thousands of middle-class families. They are simply wrong and we strongly oppose them. Moreover, we believe that many important transportation technology and safety-enhancing activities are cut too deeply in this bill, simply because they are funded in budget accounts that ``spend out'' at a high rate. For example, one of the deepest reductions in the bill is in the Federal Aviation Administration's research and development program which is reduced by nearly 50 percent below the fiscal year 1995 funding level. It is folly to believe that a cut of this magnitude would not affect the future safety and security of the nation's skies. In light of recent terrorist and bomb threats, the $10.6 million cut in the bill for research on airport security technologies, aviation security and aircraft hardening research is particularly unwise. Equally ill-advised is the denial of additional funding for aviation safety inspectors to address commercial aviation safety concerns that are at an all-time high after the several tragic air crashes last year. We note, as well, that section 341 which prohibits funding for technical training and assistance to the People's Republic of China would potentially reduce the level of safety for U.S. air carriers operating into China as well as U.S. citizens traveling on China's domestic aviation system. Important search and rescue and other maritime safety operations of the Coast Guard will also not escape the impact of recommended funding reductions. Funding for Coast Guard operations in this bill is $37 million below current levels, and will require the Coast Guard to decommission more boats, cutters and aircraft, and reduce operating hours. We remain disappointed with some of the reductions in the bill that undermine our nation's ability to expand transportation capacity, not through bricks and mortar, but through capacity-enhancing transportation technologies and innovations that have the by-product of encouraging greater private investment in transportation. A careful analysis of the bill reveals a bias against research, development, and technology investments that could yield real gains in highway safety and congestion relief. Gains in streamlining the Department of Transportation should also be made and the Secretary of Transportation has taken on this task head-on. Nevertheless, it is unfair to mandate the consolidation of DOT's offices and operations, as recommended in the bill, while at the same time denying funding for the development of automated systems that would facilitate the mandated downsizing. We also take issue with the bill's provisions which prohibit funds from being used for certain types of training activities, including AIDS awareness training. The Committee is placing new restrictions on the Department for improper conduct and a lack of oversight which existed under the Reagan and Bush administrations--a negligence that this administration has moved swiftly to correct. These new restrictions jeopardize all training activities conducted by the Department--safety-related technical training, as well as management training. Moreover, we believe that these provisions will be extremely difficult to enforce. We hope that this provision can be improved when the bill is considered by the entire House. We had hoped for a better vision, bolder ideas and a more balanced approach to the critical transportation infrastructure and safety issues financed in this bill. David Obey. Martin Olav Sabo. Dick Durbin. Ron Coleman. Thomas M. Foglietta. <greek-d>