[House Report 108-749]
[From the U.S. Government Publishing Office]
108th Congress Rept. 108-749
HOUSE OF REPRESENTATIVES
2d Session Part 1
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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.