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[House Report 108-749]
[From the U.S. Government Publishing Office]

108th Congress                                            Rept. 108-749
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================
 
   NORMAN Y. MINETA RESEARCH AND SPECIAL PROGRAMS REORGANIZATION ACT

                                _______
                                

                October 6, 2004.--Ordered to be printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 5163]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 5163) to amend title 49, United 
States Code, to provide the Department of Transportation a more 
focused research organization with an emphasis on innovative 
technology, and for other purposes, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                       Purpose of the Legislation

    H.R. 5163, the ``Norman Y. Mineta Research and Special 
Programs Reorganization Act'', reorganizes the current Research 
and Special Programs Administration (RSPA) into two new 
Administrations. The new Research and Innovative Technologies 
Administration (RITA) succeeds to all the research authority 
currently exercised by RSPA, and includes such other duties and 
powers prescribed by the Secretary that advance the research 
goals of RITA.
    The new Pipeline and Hazardous Materials Safety 
Administration (PHMSA) succeeds to all the authority currently 
exercised by RSPA with regard to pipeline safety and will also 
include all current law hazardous materials authority exercised 
by the Office of Hazardous Materials. The powers and duties of 
the Administrator shall be to carry out the duties and powers 
related to pipeline or hazardous materials transportation and 
safety vested in the Secretary by chapters 51, 57, 61, 601, and 
603 of title 49, United States Code.

                Background and Need for the Legislation

    Authority for research and development at the Department of 
Transportation is spread across several agencies and 
administrations, including the Research and Special Programs 
Administration. While each agency and administration to some 
large extent controls its own specific research according to 
its own mission, duplication and a lack of coordination can 
result. The by-product of such ``stove-pipe'' research efforts 
are inefficiencies and poor strategic planning. The RSPA 
research role in the Department has been criticized for being 
unclear, and confused with additional responsibilities 
unrelated to research such as the responsibilities for the 
Office of Pipeline Safety.
    The need to clarify the role of RSPA with respect to both 
research and pipeline safety, as well as the need to avoid 
Department-wide research duplication and inefficiency, lead to 
the conclusion that RSPA should be reorganized into two new 
Administrations.
    The RITA created by this Act succeeds to all the research 
authority currently exercised by RSPA, and includes such other 
duties and powers prescribed by the Secretary that advance the 
research goals of RITA. The RITA will avoid duplication of 
research efforts within the Department without forcing 
individual agencies and administrations to abandon their own 
unique research challenges, goals and plans. The RITA will also 
provide strategic clarity to the Department's multi-modal and 
intermodal research efforts, while coordinating the 
multifaceted research agenda of the Department.
    The Administrator of PHMSA created by this Act shall carry 
out the duties and powers related to pipeline or hazardous 
materials transportation and safety vested in the Secretary by 
chapters 51, 57, 61, 601, and 603 of title 49, United States 
Code. The PHSMA will improve the Department's oversight and 
regulation of pipeline safety and hazardous materials.

                       Summary of the Legislation

                           SEC 1. SHORT TITLE

    Section 1 provides that the short title for this 
legislation is the ``Norman Y. Mineta Research and Special 
Programs Reorganization Act.''

     SEC 2. PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION

    Section 2 amends Section 108 of title 49, United States 
Code, to establish, as a separate Administration within the 
Department of Transportation, the Pipeline and Hazardous 
Materials Safety Administration (PHMSA). This section provides 
that the Administrator shall consider the assignment and 
maintenance of safety in pipeline transportation and hazardous 
materials transportation as the highest priority of the 
Administration.
    Section 2 establishes that PHMSA shall be headed by an 
Administrator who is appointed by the President, with the 
advice and consent of the Senate. The Administrator shall have 
professional experience in pipeline safety, hazardous materials 
safety, or other transportation safety. PHMSA shall also have a 
Deputy Administrator appointed by the Secretary and a Chief 
Safety Officer appointed in the competitive service by the 
Secretary. In addition to any duties and powers prescribed by 
the Secretary, the Administrator shall carry out the duties and 
powers related to pipeline and hazardous materials 
transportation and safety set forth in chapters 51, 57, 61, 
601, and 603 of title 49, United States Code. These duties or 
powers may be transferred to another part of the Department of 
Transportation or another government entity only if 
specifically provided by law.
    The Committee strongly urges the Departments of 
Transportation and Homeland Security and the Departments of 
Transportation and Energy, separately, to execute Memoranda of 
Understanding governing the roles, responsibilities, and 
resources of the Departments in addressing pipeline and 
hazardous materials transportation security matters, upon 
establishment of the new Pipeline and Hazardous Materials 
Safety Administration.

              SEC. 3. BUREAU OF TRANSPORTATION STATISTICS

    Section 3 transfers the Bureau of Transportation Statistics 
(BTS) to the Research and Innovative Technology Administration 
(RITA). The BTS is headed by a Director appointed in the 
competitive service by the Secretary.
    It is the Committee's view that the BTS has accomplished a 
great deal, but has not lived up to its potential. The 
Committee notes that the BTS has not had a Director (in a non-
acting position) for the last two years. The Committee 
recognizes that our transportation system depends on high 
quality, reliable and objective data and information, and the 
BTS must meet the needs of both the Secretary of Transportation 
and transportation decision-makers throughout the public and 
private sectors. Because the BTS must serve the needs of transportation 
decision-makers outside of the Department, it is critical that the BTS 
Director be given the necessary autonomy to organize and manage the 
Bureau in order to develop the BTS into a credible statistical agency 
to meet these diverse needs. The Committee urges the Secretary to 
quickly appoint a Director to the BTS and to empower that Director to 
hire staff as needed and organize the BTS so that the BTS can meet its 
full potential. The Committee also urges the Secretary to empower the 
BTS to collect and analyze information and prepare reports as the 
Director deems appropriate to meet the needs of, and in consultation 
with, the Secretary, the modal Administrators, the Advisory Council on 
Transportation Statistics, and other public and private transportation 
decision-makers.

       SEC. 4. RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION

    Section 4 amends Section 112 of title 49, United States 
Code, to establish, as a separate Administration within the 
Department of Transportation, the Research and Innovative 
Technology Administration (RITA).
    Section 4 establishes that RITA shall be headed by an 
Administrator who is appointed by the President, with the 
advice and consent of the Senate. RITA shall also have a Deputy 
Administrator appointed by the Secretary.
    In addition to any duties and powers prescribed by the 
Secretary, the Administrator shall carry out the powers and 
duties prescribed by the Secretary for coordination, 
facilitation, and review of the Department's research and 
development programs and activities; advancement, and research 
and development, of innovative technologies, including 
intelligent transportation systems; comprehensive 
transportation statistics research, analysis, and reporting; 
education and training in transportation and transportation-
related fields, including the University Transportation 
Centers; and activities of the Volpe National Transportation 
Center.
    Section 4 also transfers the Department of Transportation's 
Office of Intermodalism to the Research and Innovative 
Technology Administration of the Department of Transportation.
    The Committee has favorably reported a bill to create the 
Research and Innovative Technology Administration (RITA) 
combining the Research and Special Programs Administration and 
the Bureau of Transportation Statistics. As part of the 
background information, the Administration advised that it may 
exercise current authority to transfer the ITS Joint Program 
Office to the newly created RITA. Given the ongoing work to 
complete a multi-year reauthorization bill, the Committee 
expects that such a transfer will not take place until the 
Congress has enacted the final provisions of the ITS program, 
but without prejudice to the Administration's efforts to 
prepare for such a transfer.

                       SEC. 5. SAVINGS PROVISIONS

    The savings provisions are intended to provide for the 
orderly transfer of personnel and property from the Research 
and Special Programs Administration to the new Pipeline and 
Hazardous Materials Safety Administration and the new Research 
and Innovative Technology Administration. The provision is also 
intended to ensure that legal documents and requirements that 
had been in effect on the date of the transfer, and proceedings 
in effect, will continue as if the Act had not been enacted. 
The savings provision also provides that lawsuits commenced 
against the Research and Special Programs Administration or its 
employees, in their official function, continue as if this Act 
had not been enacted. Further, the section assures the 
authority of officials of the Pipeline and Hazardous Materials 
Safety Administration and the Research and Innovative 
Technology Administration to continue the functions and 
performances that had been previously performed by officials of 
the Research and Special Programs Administration, and deems any 
reference to the Research and Special Programs Administration, 
or its predecessors, to apply to the Pipeline and Hazardous 
Materials Safety Administration and the Research and Innovative 
Technology Administration.

                            SEC. 6. REPORTS

    In March 2000, the Inspector General of the Department of 
Transportation released an audit report reviewing the 
Department's role in promoting and overseeing pipeline safety. 
In that report, the Inspector General recommended that the 
Office of Pipeline Safety fulfill the pipeline safety mandates 
from legislation enacted in 1992 and 1996 and establish 
timetables to implement open National Transportation Safety 
Board pipeline safety recommendations.
    On June 14, 2004, the Inspector General released another 
audit report which found that of the 31 mandates from 
legislation enacted in 1992 and 1996, six mandates have not 
been implemented, and all are over eight years past due. 
Separately, seven NTSB safety recommendations remain open, two 
of which were identified in the March 2000 report.
    Subsection (a) therefore requires the Inspector General of 
the Department of Transportation to submit to the Secretary of 
Transportation and the Administrator of the Pipeline and 
Hazardous Materials Safety Administration, within 30 days after 
the date of enactment of the Act, a report containing a list of 
each statutory mandate regarding pipeline safety or hazardous 
materials safety that has not been implemented; and a list of 
each open safety recommendation made by the National 
Transportation Safety Board or the Inspector General regarding 
pipeline safety or hazardous materials safety.
    Subsection (b) requires the Secretary of Transportation to 
transmit to the Committee on Transportation and Infrastructure 
and the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the specific actions 
taken to implement such statutory mandates. The report is due 
no later than 90 days after the date of enactment of this Act, 
and every 180 days thereafter until each of the mandates has 
been implemented.
    Subsection (b) also requires the Secretary of 
Transportation to transmit to the Committee on Transportation 
and Infrastructure and the Committee on Energy and Commerce of 
the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate an annual report 
containing each open safety recommendation made by the National 
Transportation Safety or the Inspector General regarding 
pipeline safety or hazardous materials safety and a copy of the 
Department of Transportation's response to each such 
recommendation. The initial report is due by January 1, 2005.

                     SEC. 7. DEADLINE FOR TRANSFERS

    This section provides for the orderly transfer or duties 
and powers under this Act, including the amendments made by 
this Act, as soon as practicable but not later than 90 days 
after the date of its enactment.

            Legislative History and Committee Consideration

    H.R. 5163 was introduced on September 29, 2004 by Chairman 
Young and Ranking Minority Member Oberstar and referred to 
Committee on Transportation and Infrastructure, and in addition 
to the Committees on Energy and Commerce, and Science, for a 
period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the 
jurisdiction of the committee concerned.
    The Transportation and Infrastructure Committee's 
subcommittee on Highways, Transit and Pipelines was discharged 
from further consideration of the bill on September 29, 2004. 
On September 29, 2004, the Transportation and Infrastructure 
Committee marked up the bill and ordered it reported by voice 
vote.

                             Rollcall Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each roll call vote on a motion 
to report and on any amendment offered to the measure or 
matter, and the names of those members voting for and against. 
There were no roll call votes in Transportation and 
Infrastructure Committee on this bill.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
improve the efficiency of the Department of Transportation's 
research efforts, and to improve the safety regulation of 
pipeline and hazardous materials.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
5163 from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 5, 2004.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5163, the Norman 
Y. Mineta Research and Special Programs Reorganization Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Rachel 
Milberg.
            Sincerely,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 5163--Norman Y. Mineta Research and Special Programs 
        Reorganization Act

    Under current law, the Research and Special Programs 
Administration (RSPA) within the Department of Transportation 
(DOT) conducts research into a variety of transportation 
issues, and regulates the operation of pipelines and the 
transportation of hazardous materials. H.R. 5163 would divide 
RSPA into two new agencies. One agency would be called the 
Pipeline and Hazardous Materials Safety Administration, and it 
would continue the regulation of pipelines and the 
transportation of hazardous materials. The other agency would 
be called the Research and Innovative Technology 
Administration, and it would conduct research programs. The 
bill also would move two existing parts of the department--the 
Bureau of Transportation Statistics and the Office of 
Intermodalism--into the new research agency.
    Based on information from DOT, and assuming appropriation 
of the necessary amounts, CBO estimates that implementing H.R. 
5163 would cost less than $1 million each year beginning in 
fiscal year 2005. Such amounts would be used to hire additional 
staff to administer the new agencies and to cover the costs of 
reconfiguring some of the offices space. Enacting the bill 
would not affect direct spending or revenues.
    H.R. 5163 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or other tribal 
governments.
    The CBO staff contact for this estimate is Rachel Milberg. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act. (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 5163 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act. (Public Law 
104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) 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 I--Department of Transportation

                        CHAPTER 1--ORGANIZATION

Sec.
101.  Purpose.
     * * * * * * *
[108.  Coast Guard.]
108.  Pipeline and Hazardous Materials Safety Administration.
     * * * * * * *
[112.  Research and Special Programs Administration.]
112.  Research and Innovative Technology Administration.

           *       *       *       *       *       *       *

[Sec. 108. Coast Guard

  [(a)(1) The Coast Guard is a part of the Department of 
Transportation. The Secretary of Transportation exercises all 
duties and powers related to the Coast Guard vested in the 
Secretary of the Treasury, and other officers and offices of 
the Department of Treasury, immediately before April 1, 1967.
  [(2) Notwithstanding paragraph (1) of this subsection, the 
Coast Guard, together with the duties and powers of the Coast 
Guard, shall operate as a service in the Navy as provided under 
section 3 of title 14.
  [(b) The Commandant is the Chief of the Coast Guard. In 
addition to carrying out the duties and powers specified by 
law, the Commandant shall carry out duties and powers 
prescribed by the Secretary of Transportation. The Commandant 
reports directly to the Secretary.]

Sec. 108. Pipeline and Hazardous Materials Safety Administration

  (a) In General.--The Pipeline and Hazardous Materials Safety 
Administration shall be an administration in the Department of 
Transportation.
  (b) Safety as Highest Priority.--In carrying out its duties, 
the Administration shall consider the assignment and 
maintenance of safety as the highest priority, recognizing the 
clear intent, encouragement, and dedication of Congress to the 
furtherance of the highest degree of safety in pipeline 
transportation and hazardous materials transportation.
  (c) Administrator.--The head of the Administration shall be 
the Administrator who shall be appointed by the President, by 
and with the advice and consent of the Senate, and shall be an 
individual with professional experience in pipeline safety, 
hazardous materials safety, or other transportation safety. The 
Administrator shall report directly to the Secretary of 
Transportation.
  (d) Deputy Administrator.--The Administration shall have a 
Deputy Administrator who shall be appointed by the Secretary. 
The Deputy Administrator shall carry out duties and powers 
prescribed by the Administrator.
  (e) Chief Safety Officer.--The Administration shall have an 
Assistant Administrator for Pipeline and Hazardous Materials 
Safety appointed in the competitive service by the Secretary. 
The Assistant Administrator shall be the Chief Safety Officer 
of the Administration. The Assistant Administrator shall carry 
out the duties and powers prescribed by the Administrator.
  (f) Duties and Powers of the Administrator.--The 
Administrator shall carry out--
          (1) duties and powers related to pipeline and 
        hazardous materials transportation and safety vested in 
        the Secretary by chapters 51, 57, 59, 61, 601, and 603; 
        and
          (2) other duties and powers prescribed by the 
        Secretary.
  (g) Limitation.--A duty or power specified in subsection 
(f)(1) may be transferred to another part of the Department of 
Transportation or another government entity only if 
specifically provided by law.

           *       *       *       *       *       *       *

Sec. 111. Bureau of Transportation Statistics

  (a) Establishment.--There is established [in the Department 
of Transportation] in the Research and Innovative Technology 
Administration a Bureau of Transportation Statistics.
  (b) Director.--
          [(1) Appointment.--The Bureau shall be headed by a 
        Director who shall be appointed by the President, by 
        and with the advice and consent of the Senate.]
          (1) Appointment.--The Bureau shall be headed by a 
        Director who shall be appointed in the competitive 
        service by the Secretary.

           *       *       *       *       *       *       *

          [(3) Reporting.--The Director shall report directly 
        to the Secretary.
          [(4) Term.--The term of the Director shall be 4 
        years. The Director may continue to serve after the 
        expiration of the term until a successor is appointed 
        and confirmed.]

           *       *       *       *       *       *       *

[Sec. 112. Research and Special Programs Administration

  [(a) Establishment.--There is established in the Department 
of Transportation a Research and Special Programs 
Administration.]

Sec. 112. Research and Innovative Technology Administration

  (a) Establishment.--The Research and Innovative Technology 
Administration shall be an administration in the Department of 
Transportation.

           *       *       *       *       *       *       *

  [(d) Responsibilities of Administrator.--The Administrator of 
the Administration shall be responsible for carrying out the 
following:
          [(1) Hazmat transportation safety.--Duties and powers 
        vested in the Secretary of Transportation with respect 
        to hazardous materials transportation safety, except as 
        otherwise delegated by the Secretary.
          [(2) Pipeline safety.--Duties and powers vested in 
        the Secretary with respect to pipeline safety.
          [(3) Activities of volpe national transportation 
        systems center.--Duties and powers vested in the 
        Secretary with respect to activities of the Volpe 
        National Transportation Systems Center.
          [(4) Other.--Such other duties and powers as the 
        Secretary shall prescribe, including such multimodal 
        and intermodal duties as are appropriate.
  [(e) Limitation on Statutory Construction.--Nothing in this 
section shall affect any delegation of authority, regulation, 
order, approval, exemption, waiver, contract, or other 
administrative act of the Secretary with respect to laws 
administered through the Research and Special Programs 
Administration of the Department of Transportation on October 
24, 1992.]
  (d) Powers and Duties of the Administrator.--The 
Administrator shall carry out--
          (1) the responsibilities of the Secretary for--
                  (A) coordination, facilitation, and review of 
                the Department's research and development 
                programs and activities;
                  (B) advancement of innovative technologies, 
                including intelligent transportation systems 
                projects and products;
                  (C) comprehensive transportation statistics 
                research, analysis, and reporting;
                  (D) education and training in transportation 
                and transportation-related fields; and
                  (E) activities of the Volpe National 
                Transportation Center; and
          (2) other duties and powers prescribed by the 
        Secretary.

           *       *       *       *       *       *       *

Subtitle III--General and Intermodal Programs

           *       *       *       *       *       *       *

CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL

           *       *       *       *       *       *       *

Sec. 5118. Inspectors

  (a) * * *
  (b) Allocation To Promote Safety in Transporting Radioactive 
Material.--(1) * * *

           *       *       *       *       *       *       *

  (3) Those 10 additional inspectors shall be allocated as 
follows:
          (A) one to the [Research and Special Programs 
        Administration] Pipeline and Hazardous Materials Safety 
        Administration.

           *       *       *       *       *       *       *

CHAPTER 55--INTERMODAL TRANSPORTATION

           *       *       *       *       *       *       *

Sec. 5503. Office of Intermodalism

  [(a) Establishment.--The Secretary of Transportation shall 
establish in the Office of the Secretary an Office of 
Intermodalism.]
  (a) Establishment.--There is established in the Research and 
Innovative Technology Administration an Office of 
Intermodalism.

           *       *       *       *       *       *       *

                              ----------                              

       SECTION 19 OF THE PIPELINE SAFETY IMPROVEMENT ACT OF 2002

SEC. 19. NTSB SAFETY RECOMMENDATIONS.

  (a) In General.--The Secretary of Transportation, the 
Administrator of [Research and Special Program Administration] 
Pipeline and Hazardous Materials Safety Administration, and the 
Director of the Office of Pipeline Safety shall fully comply 
with section 1135 of title 49, United States Code, to ensure 
timely responsiveness to National Transportation Safety Board 
recommendations about pipeline safety.

           *       *       *       *       *       *       *

                              ----------                              

                SECTION 8 OF THE ACT OF OCTOBER 13, 1989

                          (Public Law 101-115)

    AN ACT To authorize appropriations for fiscal year 1990 for the 
            Maritime Adminstration, and for other purposes.

                NATIONAL MARITIME ENHANCEMENT INSTITUTES

  Sec. 8. (a) * * *

           *       *       *       *       *       *       *

  (f ) University Transportation Research Funds.--
          (1) * * *
          (2) Advice and consultation of marad.--In making a 
        grant under the authority of paragraph (1), the 
        Secretary, through the [Research and Special Programs 
        Administration] Research and Innovative Technology 
        Administration, shall advise the Maritime 
        Administration concerning the availability of funds for 
        the grants, and consult with the Administration on the 
        making of the grants.
                              ----------                              

             SECTION 7001 OF THE OIL POLLUTION ACT OF 1990

SEC. 7001. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.

  (a) Interagency Coordinating Committee on Oil Pollution 
Research.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Membership.--The Interagency Committee shall 
        include representatives from the Department of Commerce 
        (including the National Oceanic and Atmospheric 
        Administration and the National Institute of Standards 
        and Technology), the Department of Energy, the 
        Department of the Interior (including the Minerals 
        Management Service and the United States Fish and 
        Wildlife Service), the Department of Transportation 
        (including the United States Coast Guard, the Maritime 
        Administration, and the [Research and Special Projects 
        Administration] Pipeline and Hazardous Materials Safety 
        Administration), the Department of Defense (including 
        the Army Corps of Engineers and the Navy), the 
        Environmental Protection Agency, the National 
        Aeronautics and Space Administration, and the United 
        States Fire Administration in the Federal Emergency 
        Management Agency, as well as such other Federal 
        agencies as the President may designate.

           *       *       *       *       *       *       *

  (c) Oil Pollution Research and Development Program.--
          (1) * * *

           *       *       *       *       *       *       *

          (11) In carrying out research under this section, the 
        Department of Transportation shall continue to utilize 
        the resources of the [Research and Special Programs 
        Administration] Pipeline and Hazardous Materials Safety 
        Administration of the Department of Transportation, to 
        the maximum extent practicable.

           *       *       *       *       *       *       *

                              ----------                              

              SECTION 844 OF TITLE 18, UNITED STATES CODE

Sec. 844. Penalties

  (a) * * *

           *       *       *       *       *       *       *

  (g)(1) * * *
  (2) The provisions of this subsection shall not be applicable 
to--
          (A) * * *

           *       *       *       *       *       *       *

          (B) the possession of an explosive in an airport if 
        the packaging and transportation of such explosive is 
        exempt from, or subject to and in accordance with, 
        regulations of the [Research and Special Projects 
        Administration] Pipeline and Hazardous Materials Safety 
        Administration for the handling of hazardous materials 
        pursuant to chapter 51 of title 49.

           *       *       *       *       *       *       *

                              ----------                              

TITLE 5, UNITED STATES CODE

           *       *       *       *       *       *       *

PART III--EMPLOYEES

           *       *       *       *       *       *       *

CHAPTER 53--PAY RATES AND SYSTEMS

           *       *       *       *       *       *       *

Subchapter II--Executive Schedule Pay Rates

           *       *       *       *       *       *       *

Sec. 5314. Positions at level III

  Level III of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:

           *       *       *       *       *       *       *

          [Administrator, Research and Special Programs 
        Administration.]
                  Administrator, Research and Innovative 
                Technology Administration.

           *       *       *       *       *       *       *

                  Administrator, Pipeline and Hazardous 
                Materials Safety Administration.

           *       *       *       *       *       *       *

Sec. 5316. Positions at level V

  Level V of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:

           *       *       *       *       *       *       *

          [Director, Bureau of Transportation Statistics.]

           *       *       *       *       *       *       *

                        Committee Correspondence

                          House of Representatives,
                                      Committee on Science,
                                   Washington, DC, October 5, 2004.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
Rayburn House Office Building, Washington, DC.
    Dear Chairman Young: I write regarding H.R. 5163, the 
Norman Y. Mineta Research and Special Programs Reorganization 
Act.
    Our Committee recognizes the importance of H.R. 5163 and 
the need for the legislation to move expeditiously. Therefore, 
despite our receiving an original referral of this bill because 
of our jurisdiction over the creation of the Research and 
Innovative Technology Administration (RITA), I will waive our 
right of referral. This is conditional on our mutual 
understanding that nothing in this legislation or my decision 
to forgo a referral waives the jurisdiction of the Committee on 
Science. Further, I request that a copy of this letter and of 
your response acknowledging our valid jurisdictional interest 
over RITA will be included as part of the Committee Report for 
this bill.
    The Committee on Science also asks that you support our 
request to be conferees on the provisions over which we have 
jurisdiction during any House-Senate conference.
    Thank you for your consideration regarding this matter.
            Sincerely,
                                         Sherwood Boehlert,
                                                          Chairman.
                                ------                                

                          House of Representatives,
            Committee on Transportation and Infrastructure,
                                   Washington, DC, October 6, 2004.
Hon. Sherwood Boehlert,
Chairman, Committee on Science,
Rayburn Building, Washington, DC.
    Dear Mr. Chairman: Thank you for your letter of October 5, 
2004 regarding H.R. 5163, the Norman Y. Mineta Research and 
Special Programs Reorganization Act, and for your willingness 
to waive consideration of provisions in the bill that falls 
within your Committee's jurisdiction under House Rules.
    I agree that your waiving consideration of these provisions 
of H.R. 5163 does not waive your Committee's jurisdiction over 
the bill. I also acknowledge your right to seek conferees on 
any provisions that are under your Committee's jurisdiction 
during any House-Senate conference on H.R. 5163 or similar 
legislation, and will support your request for conferees on 
such provisions.
    As you request, your letter and this response will be 
included in the Committee report on the legislation.
    Thank you for your cooperation in moving this legislation 
to the House Floor.
            Sincerely,
                                                 Don Young,
                                                          Chairman.
                                ------                                

                          House of Representatives,
                            Committee on Government Reform,
                                   Washington, DC, October 6, 2004.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Young: I am writing regarding H.R. 5163, ``Norman 
L. Mineta Research and Special Programs Improvement Act.'' As 
you know, the bill includes provisions within the jurisdiction 
of the Committee on Government Reform. Specifically, the 
Committee has jurisdiction over the Executive Schedule Pay Rate 
in Title 5 of the U.S. Code.
    In the interests of moving this important legislation 
forward, I will agree to waive sequential consideration of this 
bill by the Committee on Government Reform. However, I do so 
only with the understanding that this procedural route should 
not be construed to prejudice the Committee on Government 
Reform's jurisdictional interest and prerogatives on this bill 
or other similar legislation. I respectfully request your 
support for the appointment of outside conferees from the 
Committee on Government Reform should this bill or a similar 
Senate bill be considered in conference with the Senate.
    Finally, I would ask that you include a copy of our 
exchange of letters on this matter in the committee report and 
in the Congressional Record during floor consideration. Thank 
you for your assistance and cooperation in this matter.
            Sincerely,
                                                 Tom Davis,
                                                          Chairman.
                                ------                                

                          House of Representatives,
            Committee on Transportation and Infrastructure,
                                   Washington, DC, October 6, 2004.
Hon. Tom Davis,
Chairman, Committee on Government Reform,
Rayburn Building, Washington, DC.
    Dear Mr. Chairman: Thank you for your letter of October 6, 
2004 regarding H.R. 5163, the Norman Y. Mineta Research and 
Special Programs Reorganization Act, and for your willingness 
to waive consideration of provisions in the bill that falls 
within your Committee's jurisdiction under House Rules.
    I agree that your waiving consideration of these provisions 
of H.R. 5163 does not waive your Committee's jurisdiction over 
the bill. I also acknowledge your right to seek conferees on 
any provisions that are under your Committee's jurisdiction 
during any House-Senate conference on H.R. 5163 or similar 
legislation, and will support your request for conferees on 
such provisions.
    As you request, your letter and this response will be 
included in the Committee report on the legislation and the 
Congressional Record.
    Thank you for your cooperation in moving this legislation 
to the House Floor.
            Sincerely,
                                                 Don Young,
                                                          Chairman.

                                  
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