PUBLIC LAW 108–426—NOV. 30, 2004 118 STAT. 2423

Public Law 108–426

108th Congress

An Act

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.

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:

‘‘§ 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—

President.

Congress.

Establishment.

Norman Y.

Mineta Research

and Special

Programs

Improvement

Act.

Government

organization.

49 USC 101 note.

Nov. 30, 2004

[H.R. 5163]

118 STAT. 2424 PUBLIC LAW 108–426—NOV. 30, 2004

‘‘(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’’.

49 USC 108 note.

PUBLIC LAW 108–426—NOV. 30, 2004 118 STAT. 2425

(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:

‘‘§ 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.

(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.’’.

49 USC 112 note.

118 STAT. 2426 PUBLIC LAW 108–426—NOV. 30, 2004

(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

49 USC 108 note.

49 USC 112 note.

PUBLIC LAW 108–426—NOV. 30, 2004 118 STAT. 2427

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.

118 STAT. 2428 PUBLIC LAW 108–426—NOV. 30, 2004

(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

49 USC 108 note.

49 USC 108 note.

PUBLIC LAW 108–426—NOV. 30, 2004 118 STAT. 2429

LEGISLATIVE HISTORY—H.R. 5163:

HOUSE REPORTS: No. 108–749, Pt. 1 (Comm. on Transportation and Infrastructure).

CONGRESSIONAL RECORD, Vol. 150 (2004):

Oct. 6, considered and passed House.

Nov. 16, considered and passed Senate.

Æ

this Act, as soon as practicable but not later than 90 days after

the date of enactment of this Act.

Approved November 30, 2004.