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Senate Rpt.107-038 - DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS BILL, 2002

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LIMITATION ON OBLIGATIONS

Bill language is included that limits the obligation of emergency preparedness training grants to $14,300,000 in fiscal year 2002. The Committee's recommendation reflects the State grants total funding that would be represented if the administration's fiscal year 2001 requested level was met.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

Appropriations, 2001 1 $48,450,000
Budget estimate, 2002 2 50,614,000
Committee recommendation 50,614,000
1 Does not reflect reduction of $108,790 pursuant to section 1403 of Public Law 106-554. Does not include reimbursement of $3,524,000 from the FHWA and transfer of $1,000,000 from FTA pursuant to Public Law 106-346.
2 Does not include reimbursements of $5,524,000 from FHWA and FTA.

The Inspector General Act of 1978 established the Office of Inspector General [OIG] as an independent and objective organization, with a mission to: (1) conduct and supervise audits and investigations relating to the programs and operations of the Department; (2) provide leadership and recommend policies designed to promote economy, efficiency, and effectiveness in the administration of programs and operations; (3) prevent and detect fraud, waste, and abuse; and (4) keep the Secretary and Congress currently informed regarding problems and deficiencies.

OIG is divided into two major functional units: the Office of Assistant Inspector General for Auditing and the Office of Assistant Inspector General for Investigations. The assistant inspectors general for auditing and investigations are supported by headquarters and regional staff.

The Committee recommends $50,614,000.

SURFACE TRANSPORTATION BOARD

SALARIES AND EXPENSES


------------------------------------------------------------------------
                         Appropriation Crediting offsetting collections 
------------------------------------------------------------------------
Appropriations, 2001 1     $17,954,000                       ($900,000) 
Budget estimate, 2002       18,457,000                        (950,000) 
Committee recommendation    18,457,000                        (950,000) 
------------------------------------------------------------------------

The Surface Transportation Board was created on January 1, 1996, by Public Law 104-88, the Interstate Commerce Committee Termination Act of 1995. Consistent with the continued trend toward less regulation of the surface transportation industry, the act abolished the ICC, eliminated certain functions that had previously been implemented by the ICC, transferred core rail and certain other functions to the Board, and transferred motor licensing and certain other motor functions to DOT and are now being administered by FMCSA. The Board is specifically responsible for the regulation of the rail and pipeline industries and certain nonlicensing regulation of motor carriers and water carriers. Moreover, the Board, through its exemption authority, is able to promote deregulation administratively on a case-by-case basis. Rail reforms made by the Staggers Rail Act of 1980 also have been continued.

The administration's fiscal year 2002 program request is $18,457,000 to perform key functions under the ICCTA, including rail rate reasonableness oversight; the processing of rail consolidations, abandonments, and constructions, other restructuring proposals; and labor arbitration appeals.

The Committee has provided $18,457,000 for activities of the Board with $950,000 provide from the collection of user fees. The Board is authorized to credit the fees collected to the appropriated amount as offsetting collections and to be used for authorized expenses.

The Committee's recommendation will fund a total of 143 full-time staff equivalent (FTE) positions, if the Board collects the full $950,000 in user fees. Between now and September 30, 2002, 34 percent of the Board's employees will be eligible for voluntary retirement. The Committee encourages the Board to move expeditiously in filling vacancies as retirements occur in order to ensure that the oversight functions of the Board are not compromised.

Dakota, Minnesota & Eastern Railroad (DM&E;)- For more than 3 years, the Surface Transportation Board has been considering an application on the Dakota, Minnesota & Eastern Railroad. The Committee believes that the board should complete action on this proceeding. A petitioner has a legitimate expectation of receiving a decision on an application within a reasonable period of time.
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