RATIONALE IN PERSONNEL ASSIGNMENT

Mr. McFALL. On page 4, how did you determine which appropriation to finance your personnel from, and what changes have you made since last year?

Mr. RUSH. The principal change we have made, Mr. Chairman, is with respect to the safety appropriation, where you will note on page 17 of our budget justifications that there are positions in a number of offices. Starting with the Office of Research, Development, and Demonstrations, we are proposing that 15 positions from the safety appropriation be used in this office. We presently are chewing up, in support of the safety function, about 12 man-years doing safety related research. The Safety Act of 1970 expressly authorizes safety research. Hence, it seemed to us very appropriate that this support be provided from positions authorized under that 1970 act.

In addition, in connection with safety, we have a major work load which is nowhere near reflected in the change of three positions for the Office of Chief Counsel that would be coming out of the safety appropriation. They are the principal drafters, as you can well appreciate, of the regulations that we put out under the act, including the many redrafts. That is quite an effort. Plus, they are the enforcers of violations, which again, is quite an effort.

We have changed this budget to attempt to assign, as much as possible, people to the appropriate cost centers. It's my feeling that probably more positions than we have identified here in the Office of Chief Counsel should be assigned to the safety regulations and enforcement part of the business under the safety appropriation.

Mr. McFALL. The staff will be discussing these proposed changes with you. Hopefully, we can get some kind of understanding of what OMB is trying to do here.

Mr. RUSH. This one is my idea, purely and simply.

Mr. MCFALL. Is the whole thing your idea?

Mr. RUSH. The change in the assignment of people by appropriation that you are requesting information on now, was initiated with my desire to have them assigned to the appropriate cost center. This was not suggested to us.

The other change we are proposing is in the Office of Administration area, where you will note that certain of the contract people have been assigned to the Research and Development appropriation, the ones that do nothing but work on contracts on behalf of research activities.

Mr. McFALL. That makes it a little simpler.

Mr. RUSH. This, I hope, isn't confusing. We thought assigning the people to what they are doing would make it clearer.

OPERATING EXPENSES

Mr. McFALL. The first appropriation is Operating Expenses. Insert pages 5 through 19 in the record.

[The pages follow.]

[OFFICE OF THE ADMINISTRATOR]

[SALARIES AND] OPERATING EXPENSES

For necessary expenses of the Federal Railroad Administration, n otherwise provided for, $14,560,000; and for [$2,900,000.]

[GRANTS-IN-AID FOR RAILROAD SAFETY]

[For] grants-in-aid to carry out a railroad safety program, [$1,500,000: Provided, That this appropriation shall be available only upon enactment of authorizing legislation by the Ninety-third Congress] $1,000,000, to remain available until expended.

[RAILROAD SAFETY]

[For necessary expenses in connection with railroad safety, not otherwise provided for, $8,900,000, of which $1,400,000 shall be available only for additional safety inspectors.] (84 Stat. 971; Department of Transportation and Related Agencies Appropriation Act 1974; additional authorizing legislation to be proposed for $1,000,000.)

OPERATING EXPENSES

PROGRAM AND PERFORMANCE

1. General management and administration. --This provides for salaries and expenses of the immediate office of the Administrator and those staff offices supporting the Federal Railroad Administration in the major fields of railroad safety and efficiency; railroad research and development; and the Alaska Railroad.

2. Railroad safety, Federal program. --The Federal Railroad Safety Act of 1970 provides that the Secretary of Transportation shall prescribe as necessary, appropriate rules, regulations, orders, and standards for all areas of railroad safety. The principal objective under this program is to further the effective investigation and enforcement of Federal railroad safety rules.

3. Grants to States for railroad safety. --Under this activity, States are assisted in paying salaries and expenses incurred by State safety inspectors, as authorized by section 206 of the Railroad Safety Act of 1970.