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[108th Congress Public Law 426]
[From the U.S. Government Printing Office]

[DOCID: f:publ426.108]

[[Page 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. <<NOTE: Nov. 30, 
                         2004 -  [H.R. 5163]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in <<NOTE: Norman Y. Mineta Research and 
Special Programs Improvement Act. Government organization. 49 USC 101 
note.>> 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 <<NOTE: Establishment.>> 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 <<NOTE: President. Congress.>> 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--

[[Page 118 STAT. 2424]]

            ``(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.''.
     <<NOTE: 49 USC 108 note.>> (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''.

[[Page 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:

``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).

     <<NOTE: 49 USC 112 note.>> (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.''.

[[Page 118 STAT. 2426]]

     <<NOTE: 49 USC 112 note.>> (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. <<NOTE: 49 USC 108 note.>> 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

[[Page 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.

[[Page 118 STAT. 2428]]

    (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. <<NOTE: 49 USC 108 note.>> 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. <<NOTE: 49 USC 108 note.>> DEADLINE FOR TRANSFERS.

    The Secretary shall provide for the orderly transfer of duties and 
powers under this Act, including the amendments made by

[[Page 118 STAT. 2429]]

this Act, as soon as practicable but not later than 90 days after the 
date of enactment of this Act.

    Approved November 30, 2004.

LEGISLATIVE HISTORY--H.R. 5163:
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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.

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