I

104TH CONGRESS

1ST SESSION H. R. 1440

To amend title 49, United States Code, to simplify and improve the

organization of the Department of Transportation, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 6, 1995

Mr. MINETA (by request) introduced the following bill; which was referred to

the Committee on Transportation and Infrastructure

A BILL

To amend title 49, United States Code, to simplify and

improve the organization of the Department of Transportation, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Department of Trans5 portation Reorganization Act of 1995’’.

6 SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.

7 Except as otherwise expressly provided, whenever in

8 this Act an amendment or repeal is expressed in terms

9 of an amendment to, or a repeal of, a section or other

10 provision, the reference shall be considered to be made to
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1 a section or other provision of title 49, United States

2 Code.

3 SEC. 3. ORGANIZATION OF THE DEPARTMENT.

4 Subsection (e) of section 102 (Department of Trans5 portation) is amended by striking the word ‘‘four’’ in the

6 first sentence and substituting ‘‘five’’, and by striking the

7 second sentence.

8 SEC. 4. ESTABLISHMENT OF INTERMODAL TRANSPOR9 TATION ADMINISTRATION.

10 (a) Section 110 (Saint Lawrence Seaway Develop11 ment Corporation) is repealed and the following is sub12 stituted:

13 ‘‘§ 110. Intermodal Transportation Administration

14 ‘‘(a) The Intermodal Transportation Administration

15 is an administration in the Department of Transportation.

16 ‘‘(b)(1) The head of the Administration is the Admin17 istrator, who is appointed by the President, by and with

18 the advice and consent of the Senate. The Administrator

19 reports directly to the Secretary of Transportation.

20 ‘‘(2) The Administration has a Deputy Adminis21 trator, who is appointed by the President, by and with

22 the advice and consent of the Senate. The Deputy Admin23 istrator shall carry out duties and powers prescribed by

24 the Administrator.
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1 ‘‘(c) Effective October 1, 1996, or at an earlier date

2 specified by the Secretary, which earlier date shall not be

3 before October 1, 1995, the Administrator shall carry

4 out—

5 ‘‘(1) duties and powers vested in the Secretary

6 by title 23, United States Code (Highways);

7 ‘‘(2) duties and powers related to motor carrier

8 safety vested in the Secretary by chapter 5 of this

9 title (Special Authority);

10 ‘‘(3) subtitle III of this title (General and Inter11 modal Programs);

12 ‘‘(4) subtitle V of this title (Rail Programs),

13 chapter 261 of this title, and section 4(t) of Public

14 Law 103–272;

15 ‘‘(5) subtitle VI of this title (Motor Vehicle and

16 Driver Programs);

17 ‘‘(6) subtitle VIII of this title (Pipelines);

18 ‘‘(7) duties administered on the effective date of

19 the ‘Department of Transportation Reorganization

20 Act of 1995’ by the Maritime Administration;

21 ‘‘(8) all bridge-related functions prescribed in

22 sections 401, 406, and 491–535i of title 33, United

23 States Code;
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1 ‘‘(9) duties and responsibilities of the Office of

2 Intermodalism specified by subsection (d) of this

3 section; and

4 ‘‘(10) additional duties and powers prescribed

5 by the Secretary.

6 ‘‘(d) OFFICE OF INTERMODALISM.—(1) There is es7 tablished within the Administration an Office of

8 Intermodalism, which shall carry out on behalf of the Ad9 ministrator the responsibilities of the Secretary described

10 in section 301(3) of this title.

11 ‘‘(2) The Office shall develop, maintain, and dissemi12 nate intermodal transportation data through the Bureau

13 of Transportation Statistics, and shall coordinate the col14 lection of data for the data base with the States and met15 ropolitan planning organizations. The data base shall in16 clude—

17 ‘‘(A) information on the volume of goods and

18 number of people carried in intermodal transpor19 tation by relevant classification;

20 ‘‘(B) information on patterns of movement of

21 goods and people carried in intermodal transpor22 tation by relevant classification in terms of origin

23 and destination; and
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1 ‘‘(C) information on public and private invest2 ment in intermodal transportation facilities and

3 services.

4 The Office shall make information from the data base

5 available to the public.

6 ‘‘(3) The Office shall be responsible for coordinating

7 Federal research on intermodal transportation in accord8 ance with the plan developed pursuant to section 6009(b)

9 of the Intermodal Surface Transportation Efficiency Act

10 of 1991 and for carrying out additional research needs

11 identified by the Office.

12 ‘‘(4) The Office shall provide technical assistance to

13 States and to metropolitan planning organizations for

14 urban areas having a population of 1,000,000 or more in

15 collecting data relating to intermodal transportation in

16 order to facilitate the collection of such data by such

17 States and metropolitan planning organizations.’’.

18 (b) Section 1 of the Act of May 13, 1954, Public Law

19 358 (33 U.S.C. 981), as amended, is amended to read as

20 follows:

21 ‘‘(a) There is hereby created a body corporate to be

22 known as the Saint Lawrence Seaway Development Cor23 poration (hereinafter referred to as the ‘Corporation’).
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1 ‘‘(b) The Secretary of Transportation may delegate

2 his or her authority to the Administrator as the Secretary

3 deems appropriate or as directed by law.’’.

4 (c) Section 5002 of Public Law 102–240 (Intermodal

5 Surface Transportation Efficiency Act of 1991) (105 Stat.

6 2158; Dec. 18, 1991) is repealed and reserved.

7 (d) Section 3 of the Ports and Waterways Safety Act,

8 as amended (33 U.S.C. 1222) is amended in paragraph

9 (2), after ‘‘operating,’’ by inserting ‘‘, except for those ac10 tions concerning the prevention of damage to, or destruc11 tion of, bridges under section 1225(a)(1) of this title, in

12 which case ‘Secretary’ means the Secretary of the Depart13 ment of Transportation.’’.

14 (e) The item in the analysis of Chapter 1 of title 49

15 for section 110 is amended to read as follows:

‘‘110. Intermodal Transportation Administration.’’.

16 SEC. 5. COMMERCIAL SPACE TRANSPORTATION.

17 Paragraph (g)(1) of section 106 (Federal Aviation

18 Administration) is amended by—

19 (1) striking ‘‘and’’ from the end of paragraph

20 (A);

21 (2) redesignating paragraph (B) as paragraph

22 (C); and

23 (3) adding a new paragraph (B) to read as fol24 lows:
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1 ‘‘(B) Subtitle IX (Commercial Space

2 Transportation); and’’.

3 SEC. 6. REPEAL OF EXISTING MODAL STRUCTURE.

4 (a) Title 49, United States Code, is amended by—

5 (1) repealing section 103 (Federal Railroad Ad6 ministration), 104 (Federal Highway Administra7 tion), 105 (National Highway Traffic Safety Admin8 istration), 107 (Federal Transit Administration),

9 109 (Maritime Administration), and 112 (Research

10 and Special Programs Administration);

11 (2) redesignating section 111 (Bureau of

12 Transportation Statistics) as section 103;

13 (3) redesignating section 108 (Coast Guard) as

14 section 104; and

15 (4) redesignating section 110, as amended by

16 this Act (Intermodal Transportation Administra17 tion), as section 105.

18 (b) The amendments made by this section are effec19 tive October 1, 1996. Concurrent with these amendments,

20 the analysis of Chapter 1 of title 49 is revised accordingly.

21 SEC. 7. COOPERATIVE AGREEMENTS; REIMBURSEMENT OF

22 EXPENSES.

23 (a) Title 49, United States Code, is amended by the

24 addition of the following immediately following section

25 333:
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1 ‘‘§ 334. Cooperative agreements

2 ‘‘Subject to the provisions of the Federal Property

3 and Administrative Services Act of 1949, as amended (40

4 U.S.C. 471, et seq.) with regard to leases, and the Steven5 son-Wydler Technology Innovation Act of 1980, as amend6 ed, with regard to cooperative research and development

7 agreements, the Secretary of Transportation may make,

8 enter into, and perform such contracts, grants, leases, co9 operative agreements, cooperative research and develop10 ment agreements, and other similar transactions with

11 Federal or other public agencies (including State and local

12 governments), nonprofit organizations, and private organi13 zations and persons, and make such payments, by way of

14 advance or reimbursement, as the Secretary may deter15 mine to be necessary or appropriate to carry out the func16 tions of the Department. Authority to enter into contracts

17 or to make payments under this section shall be effective

18 only as provided for in appropriations Acts.

19 ‘‘§ 335. Reimbursement of expenses relating to pro20 moting transportation technology

21 ‘‘In order to undertake international trips related to

22 promoting international trade in United States goods and

23 services, the Secretary of Transportation may accept reim24 bursement for costs attributable to the participation of

25 non-Federal individuals incurred by the Department for

26 such trips from non-Federal sources, including inter-
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1 national organizations, foreign governments, and private

2 individuals, firms, and associations. Reimbursement may

3 be in the form of funds or property. Funds collected by

4 the Secretary, including the proceeds from sales of prop5 erty received, shall be credited to the appropriation ac6 count that incurred the costs and shall be available for

7 the purposes of that appropriation. Where more than one

8 account is involved, the funds will be credited to the appro9 priation accounts in proportion to the costs incurred.’’.

10 (b) The analysis of chapter 3 of title 49, United

11 States Code, is revised by—

12 (1) striking the item referring to sections 334

13 and 335; and

14 (2) inserting the following immediately follow15 ing item 333:

‘‘Sec. 334. Cooperative agreements.

‘‘Sec. 335. Reimbursement of expenses relating to promoting transportation

technology.’’.

16 SEC. 8. REPORTS ELIMINATION AND MODIFICATION.

17 (a) REPORT ON DEEPWATER PORT ACT OF 1974.—

18 Section 20 of the Deepwater Port Act of 1974 (33 U.S.C.

19 1519) is repealed.

20 (b) REPORT ON COAST GUARD LOGISTICS CAPABILI21 TIES CRITICAL TO MISSION PERFORMANCE.—Sections

22 5(a)(2) and 5(b) of the Coast Guard Authorization Act

23 of 1988 (10 U.S.C. 2304 note) are repealed.
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1 (c) REPORT ON RAILROAD USER FEES.—Section

2 20115 of title 49, United States Code (User fees), is

3 amended by striking subsection (d) and redesignating sub4 section (e) as subsection (d).

5 (d) REPORT ON APPLIED RESEARCH AND TECH6 NOLOGY PROGRAM.—Section 307(e)(11) of title 23,

7 United States Code, is repealed.

8 (e) REPORT ON HIGHWAY SAFETY IMPROVEMENT

9 PROGRAMS (REPORT ON HAZARD ELIMINATION PRO10 GRAM).—Section 152(g) of title 23, United States Code,

11 is amended by striking the last 3 sentences.

12 (f) REPORT ON HIGHWAY SAFETY PERFORMANCE

13 (FATAL AND INJURY ACCIDENT RATES ON PUBLIC ROADS

14 IN THE UNITED STATES).—Section 207 of the Highway

15 Safety Act of 1982 (23 U.S.C. 401 note) is repealed.

16 (g) REPORTS TO CONGRESS ON THE ADMINISTRA17 TION OF CHAPTER 301 (MOTOR VEHICLE SAFETY) AND

18 ON THE IMPORTED VEHICLE SAFETY COMPLIANCE ACT

19 OF 1988.—Section 30169 of title 49, United States Code,

20 is repealed.

21 (h) REPORT ON RAILROAD-HIGHWAY DEMONSTRA22 TION PROJECTS.—Section 163(o) of the Federal-Aid

23 Highway Act of 1973 (23 U.S.C. 130 note) is repealed.

24 (i) REPORT ON UNIFORM RELOCATION ACT AMEND25 MENTS OF 1987.—Section 103(b)(2) of the Uniform Relo-
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1 cation Assistance and Real Property Acquisition Policies

2 Act of 1970, as amended (42 U.S.C. 4604(b)(2)), is re3 pealed.

4 (j) REPORT ON RAILROAD FINANCIAL ASSIST5 ANCE.—Section 308(d) of title 49, United States Code,

6 is repealed.

7 (k) REPORT ON USE OF ADVANCED TECHNOLOGY BY

8 THE AUTOMOBILE INDUSTRY.—Section 305 of the Auto9 motive Propulsion Research and Development Act of 1978

10 (15 U.S.C. 2704) is amended by striking the last sentence.

11 (l) REPORT ON OBLIGATIONS.—Subsection (b) of sec12 tion 5335 of title 49, United States Code, is repealed, and

13 subsections (c) and (d) are redesignated as subsections (b)

14 and (c).

15 (m) REPORT ON SUSPENDED LIGHT RAIL SYSTEM

16 TECHNOLOGY PILOT PROJECT.—Section 5320(k) of title

17 49, United States Code, is repealed.

18 (n) REPORTS ON PIPELINES ON FEDERAL LANDS.—

19 Section 28(w)(4) of the Mineral Leasing Act (30 U.S.C.

20 185(w)(4)) is repealed.

21 (o) REPORTS ON NATURAL GAS AND HAZARDOUS

22 LIQUID PIPELINE SAFETY.—Section 60124 of title 49,

23 United States Code, is repealed, and section 60125 is re24 designated as section 60124.
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1 (p) REPORT ON JOINT FEDERAL AND STATE MOTOR

2 FUEL TAX COMPLIANCE PROJECT.—Section 1040(d)(1)

3 of the Intermodal Surface Transportation Efficiency Act

4 of 1991 (23 U.S.C. 101 note) is amended by striking

5 ‘‘September 30 and’’.

6 (q) REPORT ON PUBLIC TRANSPORTATION.—Section

7 308(e)(1) of title 49, United States Code, is amended by—

8 (1) striking ‘‘January of each even-numbered

9 year’’ and inserting ‘‘March 1995, and March of

10 each odd-numbered year thereafter’’; and

11 (2) inserting the following sentence at the end

12 of the text: ‘‘The Secretary may combine this report

13 with the report required by 23 U.S.C. 307(h) for

14 submission to Congress as a single report.’’.

15 (r) REPORT ON NATION’S HIGHWAYS AND

16 BRIDGES.—Section 307(h) of title 23, United States

17 Code, is amended by—

18 (1) striking ‘‘January 1983, and in January of

19 every second year thereafter’’ and inserting ‘‘March

20 1995, and March of each odd-numbered year there21 after’’; and

22 (2) inserting the following sentence at the end

23 of the text: ‘‘The Secretary may combine this report

24 with the report required by 49 U.S.C. 308(e) for

25 submission to Congress as a single report.’’.
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1 (s) Section 7207(c)(4) of the Anti-Drug Abuse Act

2 of 1988 (Public Law 100–690; 102 Stat. 4428) is

3 amended—

4 (1) by striking out ‘‘GAO’’; and

5 (2) by striking out ‘‘the Comptroller General’’

6 and inserting in lieu thereof ‘‘the Department of

7 Transportation Inspector General’’.

8 (t) REPORT ON MARINE PLASTIC POLLUTION RE9 SEARCH AND CONTROL ACT OF 1987.—Section 2201(a)

10 of the Marine Plastic Pollution Research and Control Act

11 of 1987 (33 U.S.C. 1902 note) is amended by striking

12 ‘‘biennially’’ and inserting ‘‘triennially’’.

13 (u) REPORT TO CONGRESS ON BUMPER STAND14 ARDS.—Section 32510 of title 49, United States Code, is

15 repealed, and section 32511 is redesignated as section

16 32110.

17 (v) REPORT TO CONGRESS ON THE ADMINISTRATION

18 OF THE HIGHWAY SAFETY ACT OF 1966.—Section 401

19 note of title 23, United States Code, directing the Sec20 retary to prepare and submit an annual report on the Ad21 ministration of the Highway Safety Act of 1966, is re22 pealed.

23 (w) REPORT ON OVERWEIGHT VEHICLES—PEN24 ALTIES AND PERMITS.—Section 123 of the Surface
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1 Transportation Assistance Act (STAA) of 1978 (Pub. L.

2 95–599, 92 Stat. 2698, 2701) is repealed.

3 (x) ASSURED TIMETABLE FOR PROJECTS IN ALTER4 NATIVES ANALYSIS, PRELIMINARY ENGINEERING OR

5 FINAL DESIGN STATES.—Section 5328(b)(3) of title 49,

6 United States Code, is repealed.

7 (y) AIR TRAFFIC CONTROLLER STAFFING STAND8 ARDS.—Section 44506(d) of title 49, United States Code,

9 is repealed.

10 (z) ANNUAL AVIATION SECURITY REPORT.—Section

11 44938 of title 49, United States Code, is amended by—

12 (1) striking the word ‘‘annually’’ and inserting

13 the word ‘‘biennially’’ in the first sentence of sub14 section (b); and

15 (2) striking subsection (c).

16 (aa) NOISE COMPLIANCE REPORT.—Section

17 47528(d) of title 49, United States Code, is amended by

18 striking the word ‘‘annual’’ in the catchline and in para19 graph (2) and inserting the word ‘‘biennial’’.

20 (bb) REPORT ON IMPLEMENTATION OF ENVIRON21 MENTAL COMPLIANCE AND RESTORATION PROGRAM.—

22 Section 693 of title 14, United States Code, is repealed

23 and reserved.
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1 (cc) REPORT OF COAST GUARD USER FEES.—Sec2 tion 664 of title 14, United States Code, is amended by

3 striking subsection (c).

4 (dd) COAST GUARD MILITARY RETIREMENT SYSTEM

5 REPORT.—The Coast Guard shall not be required to sub6 mit an annual report required by section 9503 of title 31,

7 United States Code, with respect to its military retirement

8 system.

9 SEC. 9. ADJUSTMENT OF EXECUTIVE LEVEL POSITIONS.

10 (a) ADJUSTMENT OF EXECUTIVE LEVEL II COM11 PENSATION SCHEDULES.—The listing of positions at

12 Level II of the Executive Schedule (5 U.S.C. 5313) is

13 amended by addition of the following entry:

14 ‘‘Administrator, Intermodal Transportation Ad15 ministration’’.

16 (b) ADJUSTMENT OF EXECUTIVE LEVEL IV COM17 PENSATION SCHEDULES.—The listing of positions at

18 Level IV of the Executive Schedule (5 U.S.C. 5315) is

19 amended by addition of the following entry:

20 ‘‘Deputy Administrator, Intermodal Transpor21 tation Administration’’.

22 SEC. 10. SAVINGS PROVISION.

23 (a) CONTINUED EFFECTIVENESS OF DIRECTIVES.—

24 All orders, determinations, rules, regulations, permits,
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1 contracts, leases, certificates, licenses, agreements for real

2 and personal property, and privileges that—

3 (1) have been issued, made, granted, or allowed

4 to become effective by the President of the United

5 States, the Secretary, an Administrator, any Federal

6 agency or official thereof, or by a court of competent

7 jurisdiction, in the performance of functions which

8 are transferred by this Act; and

9 (2) are final on October 1, 1996, shall remain

10 in effect (or come into effect) according to their

11 terms until modified, terminated, superseded, set

12 aside, or revoked in accordance with law by the

13 President of the United States, the Secretary or his

14 or here designee, a court of competent jurisdiction,

15 or by operation of law.

16 (b) CONTINUED EFFECTIVENESS OF PENDING AC17 TIONS.—(1) The provisions of this Act shall not affect any

18 proceedings, including notices of proposed rulemaking, or

19 any application for any license, permit, certificate, or fi20 nancial assistance pending on October 1, 1996, before the

21 Department of Transportation, including any element or

22 any officer thereof, with respect to functions transferred

23 by this Act; but such proceedings or applications, to the

24 extent that they relate to functions transferred, shall be

25 continued in accord with transition regulations promul-
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1 gated under the authority of this section. Orders issued

2 in any such proceedings shall continue in effect until modi3 fied, terminated, superseded, or revoked by the Depart4 ment or a succeeding Administration, by a court of com5 petent jurisdiction, or by operation of law. Nothing in this

6 subsection prohibits the discontinuance or modification of

7 any such proceeding under the same terms and conditions

8 and to the same extent that such proceeding could have

9 been discontinued or modified if this Act had not been en10 acted.

11 (2) The Secretary, an Administrator, and the Com12 mandant are authorized to issue transition regulations

13 providing for the orderly transfer of proceedings and oth14 erwise to accomplish the orderly transfer of functions, per15 sonnel and property under this Act.

16 (c) CONTINUED EFFECTIVENESS OF JUDICIAL AC17 TIONS.—No cause of action by or against the Department

18 of Transportation or an element of the Department with

19 respect to functions transferred by this Act, or by or

20 against any officer thereof in the official’s capacity, shall

21 abate by reason of the enactment of this Act. Causes of

22 action and actions with respect to a function or office

23 transferred by this Act, or other proceedings may be as24 serted by or against the United States or an official of

25 the Department or a successor Administrator, as may be
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1 appropriate, and, in an action pending on October 1,

2 1996, the court may at any time, on its own motion or

3 that of any party, enter an order which will give effect

4 to the provisions of this subsection.

5 (d) SUBSTITUTION OR ADDITION OF PARTIES TO JU6 DICIAL ACTION.—If, on October 1, 1996, the Department

7 of Transportation or an affected element, or any officer

8 thereof in the official’s capacity, is a party to an action,

9 and under this Act any function relating to the action of

10 such Department, element, or officer is transferred to an11 other entity, then such action shall be continued with the

12 appropriate officer substituted or added as a party.

13 (e) CONTINUED JURISDICTION OVER ACTIONS

14 TRANSFERRED.—Orders and actions of a successor entity

15 in the exercise of functions transferred by this Act shall

16 be subject to judicial review to the same extent and in

17 the same manner as if such orders and actions had been

18 by the Department of Transportation or an element, or

19 any office or officer thereof, in the exercise of such func20 tions immediately preceding their transfer.

21 (f) CONTINUATION OF THE MARITIME SUBSIDY

22 BOARD.—Upon completion of the transfer of Maritime

23 Administration functions to the Intermodal Transpor24 tation Administration, or as the Secretary may otherwise

25 direct, the Maritime Subsidy Board, composed of the Mar-
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1 itime Administrator, Deputy Maritime Administrator, and

2 Chief Counsel of the Maritime Administration, shall con3 tinue under the terms and conditions of the existing dele4 gation.

5 SEC. 11. REFERENCE.

6 With respect to any functions transferred by this Act

7 and exercised after October 1, 1996, reference in any fed8 eral law, executive order, or regulation to the Federal Rail9 road Administration, Federal Highway Administration,

10 National Highway Traffic Safety Administration, Federal

11 Transit Administration, Maritime Administration, or Re12 search and Special Programs Administration, or to any

13 officer or office of such entities, shall be considered to

14 refer to the Intermodal Transportation Administration or

15 its respective officers or offices, as appropriate.

16 SEC. 12. SEPARABILITY.

17 If a provision of this Act or its application to any

18 person or circumstance is held invalid, neither the remain19 der of this Act nor the application of the provision to other

20 persons or circumstances shall be affected.

21 SEC. 13. EFFECTIVE DATE.

22 Except as otherwise specified, the provisions of this

23 Act are effective October 1, 1995.

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