[Congressional Record (Bound Edition), Volume 150 (2004), Part 15]
[House]
[Pages 21223-21226]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  0100
     NORMAN Y. MINETA RESEARCH AND SPECIAL PROGRAMS IMPROVEMENT ACT

  Mr. LaTOURETTE. Mr. Speaker, I move to suspend the rules and pass 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, as 
amended.
  The Clerk read as follows:

                               H.R. 5163

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Norman Y. Mineta Research 
     and Special Programs Improvement Act''.

     SEC. 2. PIPELINE AND HAZARDOUS MATERIALS SAFETY 
                   ADMINISTRATION.

       (a) In General.--Section 108 of title 49, United States 
     Code, is amended to read as follows:

     ``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, 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.''.
       (b) Transfer of Duties and Powers of Research and Special 
     Programs Administration.--The authority of the Research and 
     Special Programs Administration exercised under chapters 51, 
     57, 61, 601, and 603 of title 49, United States Code, is 
     transferred to the Administrator of the Pipeline and 
     Hazardous Materials Safety Administration.
       (c) Conforming Amendments.--
       (1) Chapter analysis.--The analysis for chapter 1 of title 
     49, United States Code, is amended by striking the item 
     relating to section 108 and inserting the following:

``108. Pipeline and Hazardous Materials Safety Administration.''.

       (2) DOT inspectors.--Section 5118(b)(3)(A) of title 49, 
     United States Code, is amended by striking ``Research and 
     Special Programs Administration'' and inserting ``Pipeline 
     and Hazardous Materials Safety Administration''.
       (3) NTSB safety recommendations.--Section 19(a) of the 
     Pipeline Safety Improvement Act of 2002 (49 U.S.C 1135 note; 
     116 Stat. 3009) is amended by striking ``Research and Special 
     Program Administration'' and inserting ``Pipeline and 
     Hazardous Materials Safety Administration''.
       (4) National maritime enhancements institutes.--Section 
     8(f)(2) of Public Law 101-115 (46 U.S.C. App. 1121-2(f)(2)) 
     is amended by striking ``Research and Special Programs 
     Administration'' and inserting ``Research and Innovative 
     Technology Administration''.
       (5) Oil pollution research and development program.--
     Section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 
     2761) is amended--
       (A) in subsection (a)(3) by striking ``Research and Special 
     Projects Administration'' and inserting ``Pipeline and 
     Hazardous Materials Safety Administration''; and
       (B) in subsection (c)(11) by striking ``Research and 
     Special Programs Administration'' and inserting ``Pipeline 
     and Hazardous Materials Safety Administration''.
       (6) Penalties.--Section 844(g)(2)(B) of title 18, United 
     State Code, is amended by striking ``Research and Special 
     Projects Administration'' and inserting ``Pipeline and 
     Hazardous Materials Safety Administration''.
       (d) Executive Schedule Pay Rate.--Section 5314 of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``Administrator, Pipeline and Hazardous Materials Safety 
     Administration.''.

     SEC. 3. BUREAU OF TRANSPORTATION STATISTICS.

       (a) Establishment.--Section 111(a) of title 49, United 
     States Code, is amended by striking ``in the Department of 
     Transportation'' and inserting ``in the Research and 
     Innovative Technology Administration''.
       (b) Appointment of Director.--Section 111(b) of title 49, 
     United States Code, is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) Appointment.--The Bureau shall be headed by a 
     Director who shall be appointed in the competitive service by 
     the Secretary.''; and
       (2) by striking paragraphs (3) and (4).
       (c) Executive Schedule Pay Rate.--Section 5316 of title 5, 
     United States Code, is amended by striking the undesignated 
     paragraph relating to the Director, Bureau of Transportation 
     Statistics.

     SEC. 4. RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION.

       (a) In General.--Section 112 of title 49, United States 
     Code, is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec. 112. Research and Innovative Technology 
       Administration'';

       (2) by striking subsection (a) and inserting the following:
       ``(a) Establishment.--The Research and Innovative 
     Technology Administration shall be an administration in the 
     Department of Transportation.'';
       (3) by striking subsection (d) and inserting the following:
       ``(d) Powers and Duties of the Administrator.--The 
     Administrator shall carry out--
       ``(1) powers and duties prescribed by the Secretary for--
       ``(A) coordination, facilitation, and review of the 
     Department's research and development programs and 
     activities;
       ``(B) advancement, and research and development, of 
     innovative technologies, including intelligent transportation 
     systems;
       ``(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 powers and duties prescribed by the 
     Secretary.''; and
       (4) by striking subsection (e).
       (b) Clarification.--
       (1) In general.--Nothing in this Act shall grant any 
     authority to the Research and Innovative Technology 
     Administration over research and other programs, activities, 
     standards, or regulations administered by the Secretary of 
     Transportation through the National Highway Traffic Safety 
     Administration.
       (2) Applicability.--Paragraph (1) shall not apply to the 
     research and other programs, activities, standards, or 
     regulations provided for in highway and traffic safety 
     programs, administered by the Secretary through the National 
     Highway Traffic Safety Administration, in title 23, United 
     States Code, and chapter 303 of title 49, United States Code, 
     as in effect on the date of enactment of this Act.

[[Page 21224]]

       (c) Office of Intermodalism.--Section 5503(a) of title 49, 
     United States Code, is amended to read as follows:
       ``(a) Establishment.--There is established in the Research 
     and Innovative Technology Administration an Office of 
     Intermodalism.''.
       (d) Transfer of Powers and Duties of Research and Special 
     Programs Administration.--The authority of the Research and 
     Special Programs Administration, other than authority 
     exercised under chapters 51, 57, 61, 601, and 603 of title 
     49, United States Code, is transferred to the Administrator 
     of the Research and Innovative Technology Administration.
       (e) Conforming Amendment.--The analysis for chapter 1 of 
     title 49, United States Code, is amended by striking the item 
     relating to section 112 and inserting the following:

``112. Research and Innovative Technology Administration.''.

       (f) Executive Schedule Pay Rate.--Section 5314 of title 5, 
     United States Code, is amended by striking the undesignated 
     paragraph relating to the Administrator, Research and Special 
     Programs Administration and inserting the following:
       ``Administrator, Research and Innovative Technology 
     Administration.''.
       (g) Report.--
       (1) In general.--Not later than 120 days after the date of 
     enactment of this Act, the Administrator of the Research and 
     Innovative Technology Administration shall submit to the 
     Committee on Transportation and Infrastructure and the 
     Committee on Science of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report on the research activities of the Department 
     of Transportation.
       (2) Contents.--The report shall include--
       (A) a summary of the mission and strategic goals of the 
     Administration;
       (B) a prioritized list of the research and development 
     activities that the Department intends to pursue over the 
     next 5 years;
       (C) a description of the primary purposes for conducting 
     such research and development activities, such as reducing 
     traffic congestion, improving mobility, and promoting safety;
       (D) an estimate of the funding levels needed to implement 
     such research and development activities for the current 
     fiscal year; and
       (E) any additional information the Administrator considers 
     appropriate.
       (3) Development.--In developing the report, the 
     Administrator shall--
       (A) solicit input from a wide range of stakeholders;
       (B) take into account how the research and development 
     activities of other Federal, State, private sector, and not-
     for-profit institutions contribute to the achievement of the 
     purposes identified under paragraph (2)(C); and
       (C) address methods to avoid unnecessary duplication of 
     efforts in achieving such purposes.

     SEC. 5. SAVINGS PROVISIONS.

       (a) Transfer of Assets and Personnel.--Personnel, property, 
     and records employed, used, held, available, or to be made 
     available in connection with functions transferred within the 
     Department of Transportation by this Act shall be transferred 
     for use in connection with the functions transferred, and 
     unexpended balances of appropriations, allocations, and other 
     funds (including funds of any predecessor entity) shall also 
     be transferred accordingly.
       (b) Legal Documents.--All orders, determinations, rules, 
     regulations, permits, grants, loans, contracts, settlements, 
     agreements, certificates, licenses, and privileges--
       (1) that have been issued, made, granted, or allowed to 
     become effective by any officer or employee, or any other 
     Government official, or by a court of competent jurisdiction, 
     in the performance of any function that is transferred by 
     this Act; and
       (2) that are in effect on the effective date of such 
     transfer (or become effective after such date pursuant to 
     their terms as in effect on such effective date),

     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the Department, any other authorized 
     official, a court of competent jurisdiction, or operation of 
     law.
       (c) Proceedings.--The provisions of this Act shall not 
     affect any proceedings, including administrative enforcement 
     actions, pending before this Act takes effect, insofar as 
     those functions are transferred by this Act; but such 
     proceedings, to the extent that they relate to functions so 
     transferred, shall proceed in accordance with applicable law 
     and regulations. Nothing in this subsection shall be deemed 
     to prohibit the conclusion or modification of any proceeding 
     described in this subsection under the same terms and 
     conditions and to the same extent that such proceeding could 
     have been concluded or modified if this Act had not been 
     enacted. The Secretary of Transportation is authorized to 
     provide for the orderly transfer of pending proceedings.
       (d) Suits.--
       (1) In general.--This Act shall not affect suits commenced 
     before the date of enactment of this Act, except as provided 
     in paragraphs (2) and (3). In all such suits, proceedings 
     shall be had, appeals taken, and judgments rendered in the 
     same manner and with the same effect as if this Act had not 
     been enacted.
       (2) Suits by or against department.--Any suit by or against 
     the Department begun before the date of enactment of this 
     Act, shall proceed in accordance with applicable law and 
     regulations, insofar as it involves a function retained and 
     transferred under this Act.
       (3) Procedures for remanded cases.--If the court in a suit 
     described in paragraph (1) remands a case, subsequent 
     proceedings related to such case shall proceed under 
     procedures that are in accordance with applicable law and 
     regulations as in effect at the time of such subsequent 
     proceedings.
       (e) Continuance of Actions Against Officers.--No suit, 
     action, or other proceeding commenced by or against any 
     officer in his or her official capacity shall abate by reason 
     of the enactment of this Act.
       (f) Exercise of Authorities.--An officer or employee of the 
     Department, for purposes of performing a function transferred 
     by this Act, may exercise all authorities under any other 
     provision of law that were available with respect to the 
     performance of that function to the official responsible for 
     the performance of the function immediately before the 
     effective date of the transfer of the function by this Act.
       (g) References.--A reference relating to an agency, 
     officer, or employee affected by this Act in any Federal law, 
     Executive order, rule, regulation, or delegation of 
     authority, or in any document pertaining to an officer or 
     employee, is deemed to refer, as appropriate, to the agency, 
     officer, or employee who succeeds to the functions 
     transferred by this Act.
       (h) Definition.--In this section, the term ``this Act'' 
     includes the amendments made by this Act.

     SEC. 6. REPORTS.

       (a) Reports by the Inspector General.--Not later than 30 
     days after the date of enactment of this Act, the Inspector 
     General of the Department of Transportation shall submit to 
     the Secretary of Transportation and the Administrator of the 
     Pipeline and Hazardous Materials Safety Administration a 
     report containing the following:
       (1) A list of each statutory mandate regarding pipeline 
     safety or hazardous materials safety that has not been 
     implemented.
       (2) 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.
       (b) Reports by the Secretary.--
       (1) Statutory mandates.--Not later than 90 days after the 
     date of enactment of this Act, and every 180 days thereafter 
     until each of the mandates referred to in subsection (a)(1) 
     has been implemented, the Secretary shall 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 mandates.
       (2) NTSB and inspector general recommendations.--Not later 
     than January 1st of each year, the Secretary shall 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 containing each 
     recommendation referred to in subsection (a)(2) and a copy of 
     the Department of Transportation response to each such 
     recommendation.

     SEC. 7. DEADLINE FOR TRANSFERS.

       The Secretary shall provide for the orderly transfer of 
     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 enactment of this Act.

  The SPEAKER pro tempore (Mr. Mario Diaz-Balart of Florida). Pursuant 
to the rule, the gentleman from Ohio (Mr. LaTourette) and the gentleman 
from Illinois (Mr. Costello) each will control 20 minutes.
  The Chair recognizes the gentleman from Ohio (Mr. LaTourette).
  Mr. LaTOURETTE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, the Norman Y. Mineta Research and Special Programs 
Improvement Act Reorganizes the current Research and Special Programs 
Administration to two new administrations: the Research and Innovative 
Technologies Administration, and the Pipeline and Hazardous Materials 
Safety Administration.
  The new Research and Innovative Technologies Administration will have 
the research authority currently exercised by the Research and Special 
Programs Administration. This includes the coordination, facilitation, 
and review of the department's research and development programs and 
activities; the advancement of innovative technologies and intelligent 
transportation

[[Page 21225]]

systems; and any other research authority that the Secretary deems 
appropriate.
  The new Pipeline and Hazardous Material Safety Administration will 
hold the authority currently exercised by the Research and Special 
Programs Administration with regard to pipeline safety and will also 
include all current law hazardous materials authority exercised by the 
Office of Hazardous Materials.
  As the caption of the bill indicates, Mr. Speaker, I would say that, 
when I was first elected in 1995, Norm Mineta was the ranking Democrat 
on the Committee on Transportation and Infrastructure. I found him to 
be, and he continues to be a wonderful, was a wonderful Member of 
Congress, a true leader in transportation. He is now, of course, the 
current Secretary of the Department of Transportation, and I can think 
of no more fitting honor than to name this new administration in his 
honor. I urge all of our colleagues to pass the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. COSTELLO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 5163, the Norman Y. 
Mineta Research and Special Programs Improvement Act. This bill will 
achieve long overdue improvements in the U.S. Transportation 
Department's handling of pipeline and hazardous materials 
transportation safety programs and DOT's transportation research 
programs. Under this bill, the department would reorganize the current 
Research and Special Programs Administration into two administrations: 
the Pipeline and Hazardous Material Safety Administration and the 
Research and Innovative Technology Administration.
  Creating this agency will elevate the profile of pipeline 
transportation and hazardous materials transportation within the 
department. Importantly, the bill declares that safety will be the 
highest priority of the Pipeline and Hazardous Material Safety 
Administration and creates a position of chief safety officer within 
the PHMSA.
  We know from experience that accidents in the pipeline or hazardous 
materials transportation can be devastating. In 1999 and in 2000, two 
separate pipeline accidents occurred, resulting in the deaths of 15 
people. Additionally, over the past 10 years, accidents involving 
hazardous materials have accounted for more than 220 deaths, 3,500 
injuries, and well over $500 million in damage.
  Mr. Speaker, this bill is a direct response to these tragic 
incidents, and the creation of this administration is an important 
first step to ensure the safety of pipeline and hazardous materials 
transportation is at the forefront of DOT's regulation and supervision 
of these activities.
  This bill also creates a new research administration that will better 
focus DOT's transportation research activities and helps ensure that 
Federal dollars are invested in research and innovative technologies 
that help address our Nation's most pressing transportation problems.
  The Research and Innovative Technology Administration will help 
coordinate and facilitate the department's research activities. This 
bill transfers the department's Bureau of Transportation Statistics and 
Office of Intermodalism to RITA.
  Finally, Mr. Speaker, this bill is appropriately named after 
Secretary of Transportation Norm Mineta. Throughout his service as the 
chairman of the Committee on Transportation and Infrastructure in this 
body and his service as Secretary of Transportation for the Nation, 
Norm Mineta has devoted himself to the betterment of our Nation's 
transportation system. This bill does just that, and I urge Members to 
support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LaTOURETTE. Mr. Speaker, I yield myself such time as I may 
consume.
  At this point I will insert into the Record an exchange of letters 
between the chairman of our full committee, the gentleman from Alaska 
(Mr. Young) and the gentleman from Virginia (Mr. Tom Davis) regarding 
H.R. 5163.

         Congress of the United States, 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 
     Y. 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.
                                  ____

         U.S. 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 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.
                                  ____

  Mr. DINGELL. Mr. Speaker, I support H.R. 5163, the ``Norman Y. Mineta 
Research and Special Programs Reorganization Act.'' I thank my good 
friend Secretary Mineta for his leadership on this issue, and I thank 
Chairman Young and Ranking Member Oberstar for working cooperatively 
with Committee on Energy and Commerce Chairman Barton and me to ensure 
an acceptable outcome for all.
  The legislation we consider today accomplishes many worthy 
objectives. My remarks, however, will focus on one particular provision 
with respect to the National Highway Traffic Safety Administration 
(NHTSA). The NHTSA administers many programs, including research and 
development, that improve the safety and fuel economy of motor vehicles 
in the United States. The authors of this legislation worked with 
Chairman Barton and me to ensure that these programs were not affected 
by the legislation before us today. Specifically, section 4(b) of the 
bill clearly states that the newly formed Research and Innovative 
Technology Administration will have no authority over the programs, 
activities, standards, and regulations of NHTSA over which the 
Committee on Energy and Commerce has jurisdiction, including motor 
vehicle safety and fuel economy.
  I urge all my colleagues to support this legislation.
  Mr. OBERSTAR. Mr. Speaker, I rise in strong support of H.R. 5163, the 
Norman Y. Mineta Research and Special Programs Improvement Act. I 
believe this bill is appropriately named--as my good friend, Norm 
Mineta, has dedicated a lifetime to improving transportation and 
strengthening safe in this country.
  Last year, the Department of Transportation (DOT) approached the 
Transportation Committee with a proposal to reorganize the DOT. The 
proposal was, first, to abolish the Research and Special Programs 
Administration (RSPA) and reinvent it as the Research and Technology 
Innovation Administration, and then to transfer the pipeline program, 
which is housed under RSPA, to the Federal Railroad

[[Page 21226]]

Administration. That proposal raised serious concerns that pipeline 
safety would not get adequate attention in an agency focused solely on 
railroads. The Committee, on a bipartisan basis, directed the DOT to go 
back to the drawing board, and they have now come back to us with a 
much better proposal. This bill will restructure the Research and 
Special Programs Administration by splitting its functions into two 
separate, more-focused agencies within the Department of 
Transportation: the new Research and Innovative Technology 
Administration (RITA) and the new Pipeline and Hazardous Materials 
Safety Administration (PHMSA).
  Mr. Speaker, I've had 20 years experience with the Office of Pipeline 
Safety (OPS), and I believe that this Act is a good ``first step'' 
toward helping the Department raise pipeline and hazardous materials 
safety to the level of significance they deserve, and need.
  Our nation's pipeline system consists of more than two million miles 
of pipe moving millions of gallons of hazardous liquids and more than 
55 billion cubic feet of natural gas daily. Although moving commodities 
such as crude oil, diesel fuel, gasoline, and natural gas through 
pipelines may be safer than moving the same commodities on other 
transportation modes, pipeline incidents can have catastrophic 
consequences, such as the deadly explosions in Bellingham, Washington, 
and Carlsbad, New Mexico, in which a total of 15 people were killed.
  This past June, DOT Inspector General Kenneth Mead released an audit 
report that found severe deficiencies in the government's pipeline 
safety program. The Inspector General found: Of the 31 mandates from 
legislation enacted in 1992 and 1996, six mandates have yet to be 
implemented, and all of these are over eight years past due. For 
example, two such mandates, which are a decade overdue, require 
defining ``natural gas and hazardous liquid gathering lines'' in order 
to determine which lines can and should be regulated. Separately, seven 
NTSB safety recommendations remain open, two of which were identified 
in an Inspector General report issued in March 2000. This is 
unacceptable, and it is my hope that this bill will set OPS on a path 
toward finalizing all mandated and recommendations in a timely fashion, 
while ensuring that the agency is working effectively to promote safety 
as its highest priority.
  To accomplish this, we included safeguards in this bill, which are 
modeled after the safety functions of the Federal Aviation 
Administration and the Federal Motor Carrier Safety Administration. 
First, we require PHMSA to consider the assignment and maintenance of 
safety as the highest priority. Second, we require PHMSA to hire a 
Chief Safety Officer who will help keep the agency focused on its new 
safety mission. Third, we require the Inspector General to transmit to 
the Secretary of Transportation and to Congress periodic reports on the 
progress PHMSA has or has not made on implementing the outstanding 
statutory mandates and recommendations.
  Pipeline security must also receive more focused attention. The 
Department of Transportation and the Department of Homeland Security 
have just finalized a Memorandum of Understanding that seeks to improve 
the Departments' cooperation and coordination in promoting the safe, 
secure, and efficient movement of people and goods throughout our vast 
transportation network. However, no such agreement exists to 
specifically address the unique challenge of securing our Nation's 
pipelines. The Committee report therefore directs the Departments of 
Transportation and Homeland Security and the Departments of 
Transportation and Energy to execute separate Memorandums of 
Understanding governing the roles, responsibilities, and resources of 
the Departments in addressing pipeline and hazardous materials 
transportation security.
  With respect to hazardous materials transportation, from 1994 to 2003 
(the most recent information available), more than 157,000 hazardous 
materials incidents and accidents have occurred. These accidents have 
accounted for more than 220 deaths, 3,500 injuries, and well over $500 
million in damages. Yet responsibility for the hazardous materials 
transportation safety has bounced around the Department and is now 
buried deep within RSPA. Unless the office has a higher profile within 
the Department and the federal hazmat program itself is significantly 
improved, there will surely be more deaths and injuries.
  We have included long-needed improvements to federal hazmat law in 
H.R. 3550 and I support enactment of those provisions through the 
comprehensive surface transportation reauthorization bill. But for now, 
let us begin the strengthening of our hazmat laws with the creation of 
this new Administration and a renewed focus on pipeline and hazardous 
materials safety.
  Furthermore, this bill creates a new Administration to focus on DOT's 
research and development activities: the Research and Innovative 
Technology Administration. By creating a separate Administration to 
manage these important activities, this bill goes a long way to move 
transportation research forward and to ensure that federal dollars are 
invested in research and innovative technologies that help address our 
Nation's pressing transportation needs.
  This bill also places the Bureau of Transportation Statistics and the 
Office of Intermodalism within RITA. I championed the creation of the 
Office of Intermodalism. Yet, regrettably, since its creation it has 
not fulfilled its original mission. This bill will help give the Office 
new direction, and help contribute and perhaps improve upon DOT's 
intermodal programs and activities.
  I'd like to thank Secretary Mineta for spearheading this reform, an 
thank him for his continued commitment to transportation safety. I 
support this bill, and I urge all Members vote for it.
  Mr. EHLERS. Mr. Speaker, I rise today in strong support of H.R. 5163, 
the Norman Y. Mineta Research and Special Programs Improvement Act. The 
goal of this legislation is to align and strengthen the planning of 
research and development activities at the Department of 
Transportation.
  As chairman of the Environment, Technology, and Standards 
Subcommittee of the Science Committee, I have spent the past two years 
examining surface transportation research programs and identifying ways 
to improve the coordination, planning and implementation of this 
important research. I developed a comprehensive bill to achieve these 
goals, most of which was included in the House version of the larger 
transportation reauthorization bill. Unfortunately, we have not yet 
been able to reconcile our differences with the Senate to pass the 
larger bill.
  However, I am pleased that Secretary Mineta had the personal vision 
and commitment to seek to reorganize the Department to begin efforts to 
reform and strengthen research programs. Mr. Mineta, in addition to 
being Secretary of Transportation (and previously Secretary of 
Commerce), was a leader on transportation issues in the House of 
Representatives for 20 years. Specifically, he has always made sure 
that research played a strong role in developing transportation policy 
and programs. This legislation is a perfect example of his commitment 
to that goal.
  This bill is a good first step in reforming and strengthening 
research at the Department of Transportation. The chief responsibility 
of the new Administration created by this bill, the Research and 
Innovative Technology Administration, is to coordinate research across 
the Department. This is to ensure that we are getting the maximum out 
of our research dollars by funding research that contributes directly 
towards the goals of the transportation system and is not unnecessarily 
duplicative of other research efforts. But we have much to do to 
improve research at the Department, and I look forward to completing 
the job early next year as we pass the larger reauthorization bill.
  Mr. Speaker, I want to thank Chairman Young and his staff for working 
with me and my staff to incorporate our views into this legislation. I 
urge my colleagues to support the Norman Y. Mineta Research and Special 
Programs Improvement Act.
  Mr. COSTELLO. Mr. Speaker, we have no further speakers, and I yield 
back the balance of my time.
  Mr. LaTOURETTE. Mr. Speaker, I urge passage of the bill, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Ohio (Mr. LaTourette) that the House suspend the rules 
and pass the bill, H.R. 5163, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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