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Statement of Administration Policy: H.R. 2942 - Department of Transportation and Related Agencies Appropriations Bill, FY 1992

September 16, 1991

STATEMENT OF ADMINISTRATION POLICY

(Senate Floor)
(Sponsors: Byrd (D), West Virginia; Lautenberg (D), New Jersey)

This Statement of Administration Policy expresses the Administration's views on the Department of Transportation and Related Agencies Appropriations Bill, FY 1992, as reported by the Senate Appropriations Committee.

The Committee has increased total budgetary resources (including limitations on obligations) for programs covered by this bill by almost $3.5 billion above those requested by the President in the FY 1992 Budget. It is the Administration's view that the outlays in FY 1993 and thereafter that would result from this increase would undermine future discretion for both the Congress and the President in the distribution of budgetary resources.

Specifically, the Administration objects to the following:

  • The Committee bill would underfund the Coast Guard by $402 million in FY 1992.

  • The bill would transfer Aerostat, E-2C and LORAN C programs, costing $78 million, to the Department of Defense and would assume that $298 million for other Coast Guard Programs would be provided in the Defense Appropriations bill.

  • Total obligations for Federal-aid highways exceed $18.7 billion, a $3.1 billion increase over the FY 1991 enacted level. Although the Administration supports increased funding for highways, the Administration opposes an increase of this magnitude.

  • For many programs, funds have been earmarked for particular projects, some of which do not meet established funding criteria. The bill includes:

    — funding for specific highway projects outside the regular Federal-aid highways program. If the eventual conference bill were to include the highway demonstration projects included in either the House and Senate Committee versions of the bill, the total funding for demonstration projects would exceed $700 million.

    — funding for mass transit new start projects that do not meet established cost effectiveness criteria.

    — earmarked intelligent vehicle/highway systems (IVHS) projects that were not requested. The Administration believes that the Department should be given the discretion to fund appropriate research and development of IVHS without special interest earmarking.

    — funding for air traffic control facilities where the costs of the projects exceed the benefits and thus fail to meet established funding criteria.

On the basis of OMB's initial scoring, the Administration finds that the Committee-reported bill is within the revised Senate 602(b) allocations for domestic discretionary budget authority and outlays. In aggregate, the revised Senate 602(b) allocations are consistent with the statutory spending limits enacted in the Budget Enforcement Act.

Additional Administration concerns with the bill as reported by the Committee are discussed in the attachment.

Attachment


(Senate Floor)

ADDITIONAL CONCERNS
H.R. 2942 — DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS BILL, FY 1992

MAJOR PROVISIONS OPPOSED BY THE ADMINISTRATION

A. Funding Levels

Federal Aviation Administration (FAA)

Facilities and Equipment. The Senate Committee has reduced requested funding for FAA Facilities and Equipment by $142 million while providing significant unrequested increases. In some cases, the additional projects, such as air traffic control facilities, have costs that exceed benefits and thus fail to meet established funding criteria. In other cases, such as the $22 million increase in the airway science curriculum, the report language inappropriately purports to direct funding to specific organizations.

Urban Mass Transportation Administration (UMTA)

Washington Metro. The Committee has provided $124 million for the construction of the Washington Metro. This is $44 million, or 55 percent, above the President's request and $22 million higher than the amount the Washington Metropolitan Area Transit Authority (WMATA) has requested before the Committee. The Administration believes that the Committee's funding level is excessive, especially when WMATA has publicly acknowledged that these funds are not needed.

New Starts. The Committee has increased funding for UMTA new starts by $224 million above the President's request. Although the Administration appreciates the Committee's removal of the prohibition on the implementation of the Notice of Proposed Rulemaking on Major Capital Investment Projects, the intended effect of this action would be countered by the Committee's decision to earmark funds for new start projects. The Administration opposes this earmarking of funds for projects that do not meet established criteria.

Formula Grants. The Committee has rejected the Administration's proposal to limit operating subsidies to cities with populations of under one million. The larger urban areas are not dependent upon Federal subsidies, which constitute between five and six percent of their total operating budgets. The Administration believes that the key Federal role in transit is in the area of capital funding to replace and maintain equipment and facilities.

Federal Railroad Administration

Amtrak. The Senate has provided $656 million for Amtrak, $176 million above the President's request, which assumes the implementation of certain cost-saving reforms. Specifically, the Administration seeks to relieve Amtrak of costly and outdated labor compensation requirements and to discontinue Amtrak subsidization of State and local rail commuter services. These reforms in Amtrak's operations could reduce the operating subsidy by $175 million, and the Administration urges the Senate to support these changes.

Railroad Research and Development. The Committee has provided a $30 million obligation limitation from the Highway Trust Fund to finance the National Magnetic Levitation Design Program (maglev) called for in the Surface Transportation Efficiency Act of 1991 (S. 1204). The Administration supports a Federal role in research and development for magnetic levitation, but does not support the requirements of S.1204 leading to Federally-funded construction of a maglev prototype.

Northeast Corridor Improvement Project. The Committee bill includes an unrequested $260 million for the Northeast Corridor Improvement Project. The Administration believes that the routine capital expenditures for upkeep of the Northeast Corridor should be paid from Amtrak's capital grant. Funds for improvements to the corridor aimed at reducing the travel time between New York and Boston have not been authorized. The Administration prefers to wait for further analysis to determine whether the project merits Federal funding.

Local Rail Freight Assistance. The Committee has recommended an unrequested $14 million for the Local Rail Freight Assistance Program. This program served its purpose in the past, prior to enactment of the Staggers Rail Act. However, there no longer exists a national need for the projects the program supports, especially in light of the improved financial condition of the railroad industry.

B. Language Provisions

Transportation Employee Drug Testing. The Administration strongly supports the separate mandate to make drug/alcohol testing by mass transit authorities a condition of continued Federal financial assistance, especially in view of the lack of statutory authority in this area of transportation. However, the Administration is particularly concerned about the mandate for random alcohol testing — rather than performance-related alcohol testing — for mass transit, aviation, rail, and motor carrier employees. The Administration supports "performance-related alcohol testing," where the testing would be closely related in time to the performance of safety-related duties.

Federal Aviation Administration (FAA): Flight Service Station Closures. The Committee bill would/prohibit consolidation of Flight Service Stations (FSS) during the 12 months following submission to Congress of a plan to implement a system of auxiliary flight service stations. Development of this plan was stipulated in last year's appropriations act. This prohibition of the Committee bill is unnecessary micro-management of Executive Branch operations and would increase FAA costs without improving aviation safety. In response to Congressional direction, FAA contracted with the National Center for Atmospheric Research (NCAR) to develop objective criteria by which to evaluate FSS requirements. The application of these criteria is sufficient to ensure that decisions regarding FSS consolidations will not compromise safety.

General Provisions: Sections 320 and 321. Section 320 would require that all airport grant letters of intent involving grants of more than $10 million be submitted for approval to specific Committees of the Congress. Section 321 would require that all appropriation transfers within the Office of the Secretary be approved by the House and Senate Appropriations Committees. These provisions would purport to condition the authority to use funds otherwise appropriated or take other actions authorized by law on the approval of various committees of the House of Representatives and the Senate.

These provisions constitute a legislative veto of the kind declared unconstitutional by the Supreme Court in INS v. Chadha, 462 U.S. 919 (1983). If these provisions are not deleted from the bill, the Administration will interpret them as notice requirements.

Section 331. This section would require the Secretary of Transportation to develop and implement a plan to make available at O'Hare International Airport sufficient slots to shift essential air service from Midway to O'Hare. This provision would inappropriately interfere with the FAA's management of O'Hare slots.

The attached data tables can be downloaded in PDF format by clicking this link

Related PDFs

George Bush, Statement of Administration Policy: H.R. 2942 - Department of Transportation and Related Agencies Appropriations Bill, FY 1992 Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/330538

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