```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 703 Introduced in Senate (IS)]

104th CONGRESS
  1st Session
                                 S. 703

  To amend title 49, United States Code, to simplify and improve the 
    organization of the Department of Transportation, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                April 6 (legislative day, April 5), 1995

Mr. Hollings (by request) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL

 
  To amend title 49, United States Code, to simplify and improve the 
    organization of the Department of Transportation, 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 ``Department of Transportation 
Reorganization Act of 1995''.

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

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of title 49, 
United States Code.

SEC. 3. ORGANIZATION OF THE DEPARTMENT.

    Subsection (e) of section 102 (Department of Transportation) is 
amended by striking the word ``four'' in the first sentence and 
substituting ``five'', and by striking the second sentence.

SEC. 4. ESTABLISHMENT OF INTERMODAL TRANSPORTATION ADMINISTRATION.

    (a) Section 110 (Saint Lawrence Seaway Development Corporation) is 
repealed and the following is substituted:
``Sec. 110. Intermodal Transportation Administration
    ``(a) The Intermodal Transportation Administration is an 
administration in the Department of Transportation.
    ``(b)(1) The head of the Administration is the Administrator, who 
is appointed by the President, by and with the advice and consent of 
the Senate. The Administrator reports directly to the Secretary of 
Transportation.
    ``(2) The Administration has a Deputy Administrator, who is 
appointed by the President, by and with the advice and consent of the 
Senate. The Deputy Administrator shall carry out duties and powers 
prescribed by the Administrator.
    ``(c) Effective October 1, 1996, or at an earlier date specified by 
the Secretary, which earlier date shall not be before October 1, 1995, 
the Administrator shall carry out--
            ``(1) duties and powers vested in the Secretary by title 
        23, United States Code (Highways);
            ``(2) duties and powers related to motor carrier safety 
        vested in the Secretary by chapter 5 of this title (Special 
        Authority);
            ``(3) subtitle III of this title (General and Intermodal 
        Programs);
            ``(4) subtitle V of this title (Rail Programs), chapter 261 
        of this title, and section 4(t) of Public Law 103-272;
            ``(5) subtitle VI of this title (Motor Vehicle and Driver 
        programs);
            ``(6) subtitle VIII of this title (Pipelines);
            ``(7) duties administered on the effective date of the 
        `Department of Transportation Reorganization Act of 1995 by the 
        Maritime Administration;
            ``(8) all bridge-related functions prescribed in sections 
        401, 406, and 491-535i of title 33, United States Code;
            ``(9) duties and responsibilities of the Office of 
        Intermodalism specified by subsection (d) of this section; and
            ``(10) additional duties and powers prescribed by the 
        Secretary.
    ``(d) Office of Intermodalism.--(1) There is established within the 
Administration an Office of Intermodalism, which shall carry out on 
behalf of the Administrator the responsibilities of the Secretary 
described in section 301(3) of this title.
    ``(2) The Office shall develop, maintain, and disseminate 
intermodal transportation data through the Bureau of Transportation 
Statistics, and shall coordinate the collection of data for the data 
base with the States and metropolitan planning organizations. The data 
base shall include--
            ``(A) information on the volume of goods and number of 
        people carried in intermodal transportation by relevant 
        classification;
            ``(B) information on patterns of movement of goods and 
        people carried in intermodal transportation by relevant 
        classification in terms of origin and destination; and
            ``(C) information on public and private investment in 
        intermodal transportation facilities and services. The Office 
        shall make information from the data base available to the 
        public.
    ``(3) The Office shall be responsible for coordinating federal 
research on intermodal transportation in accordance with the plan 
developed pursuant to section 6009(b) of the Intermodal Surface 
Transportation Efficiency Act of 1991 and for carrying out additional 
research needs identified by the Office.
    ``(4) The Office shall provide technical assistance to States and 
to metropolitan planning organizations for urban areas having a 
population of 1,000,000 or more in collecting data relating to 
intermodal transportation in order to facilitate the collection of such 
data by such States and metropolitan planning organizations.''.
    (b) Section 1 of the Act of May 13, 1954, Public Law 358 (33 U.S.C. 
981), as amended, is amended to read as follows:
    ``(a) There is hereby created a body corporate to be known as the 
Saint Lawrence Seaway Development Corporation (hereinafter referred to 
as the `Corporation').
    ``(b) The Secretary of Transportation may delegate his or her 
authority to the Administrator as the Secretary deems appropriate or as 
directed by law.''.
    (c) Section 5002 of Public Law 102-240 (Intermodal Surface 
Transportation Efficiency Act of 1991) (105 Stat. 2158; Dec. 18, 1991) 
is repealed and reserved.
    (d) Section 3 of the Ports and Waterways Safety Act, as amended (33 
U.S.C. 1222) is amended in paragraph (2), after ``operating,'' by 
inserting ``, except for those actions concerning the prevention of 
damage to, or destruction of, bridges under section 1225(a)(1) of this 
title, in which case `Secretary' means the Secretary of the Department 
of Transportation.''.
    (e) The item in the analysis of chapter 1 of title 49 for section 
110 is amended to read as follows:

``110. Intermodal Transportation Administration.''

SEC. 5. COMMERCIAL SPACE TRANSPORTATION.

    Paragraph (g)(1) of section 106 (Federal Aviation Administration) 
is amended by--
            (1) striking ``and'' from the end of paragraph (A);
            (2) redesignating paragraph (B) as paragraph (C); and
            (3) adding a new paragraph (B) to read as follows:
            ``(B) Subtitle IX (Commercial Space Transportation); and''.

SEC. 6. REPEAL OF EXISTING MODAL STRUCTURE.

    (a) Title 49, United States Code, is amended by--
            (1) repealing sections 103 (Federal Railroad 
        Administration), 104 (Federal Highway Administration), 105 
        (National Highway Traffic Safety Administration), 107 (Federal 
        Transit Administration), 109 (Maritime Administration), and 112 
        (Research and Special Programs Administration);
            (2) redesignating section 111 (Bureau of Transportation 
        Statistics) as section 103;
            (3) redesignating section 108 (Coast Guard) as section 104; 
        and
            (4) redesignating section 110, as amended by this Act 
        (Intermodal Transportation Administration), as section 105.
    (b) The amendments made by this section are effective October 1, 
1996. Concurrent with these amendments, the analysis of chapter 1 of 
title 49 is revised accordingly.

SEC. 7. COOPERATIVE AGREEMENTS; REIMBURSEMENT OF EXPENSES.

    (a) Title 49, United States Code, is amended by the addition of the 
following immediately following section 333:
``Sec. 334. Cooperative agreements
    ``Subject to the provisions of the Federal Property and 
Administrative Services Act of 1949, as amended (40 U.S.C. 471, et 
seq.) with regard to leases, and the Stevenson-Wydler Technology 
Innovation Act of 1980, as amended, with regard to cooperative research 
and development agreements, the Secretary of Transportation may make, 
enter into, and perform such contracts, grants, leases, cooperative 
agreements, cooperative research and development agreements, and other 
similar transactions with federal or other public agencies (including 
state and local governments), non-profit organizations, and private 
organizations and persons, and make such payments, by way of advance or 
reimbursement, as the Secretary may determine to be necessary or 
appropriate to carry out the functions of the Department. Authority to 
enter into contracts or to make payments under this section shall be 
effective only as provided for in appropriations Acts.
``Sec. 335. Reimbursement of expenses relating to promoting 
              transportation technology
    ``In order to undertake international trips related to promoting 
international trade in United States goods and services, the Secretary 
of Transportation may accept reimbursement for costs attributable to 
the participation of nonFederal individuals incurred by the Department 
for such trips from nonFederal sources, including international 
organizations, foreign governments, and private individuals, firms and 
associations. Reimbursement may be in the form of funds or property. 
Funds collected by the Secretary, including the proceeds from sales of 
property received, shall be credited to the appropriation account that 
incurred the costs and shall be available for the purposes of that 
appropriation. Where more than one account is involved, the funds will 
be credited to the appropriation accounts in proportion to the costs 
incurred.''.
    (b) The analysis of chapter 3 of title 49, United States Code, is 
revised by--
            (1) striking the item referring to sections 334 and 335; 
        and
            (2) inserting the following immediately following item 333:

``Sec. 334. Cooperative agreements.
``Sec. 335. Reimbursement of expenses relating to promoting 
                            transportation technology.''.

SEC. 8. REPORTS ELIMINATION AND MODIFICATION.

    (a) Report on Deepwater Port Act of 1994.--Section 20 of the 
Deepwater Port Act of 1974 (33 U.S.C. 1519) is repealed.
    (b) Report on Coast Guard Logistics Capabilities Critical to 
Mission Performance.--Sections 5(a)(2) and 5(b) of the Coast Guard 
Authorization Act of 1988 (10 U.S.C. 2304 note) are repealed.
    (c) Report on Railroad User Fees.--Section 20115 of title 49, 
United States Code (User fees), is amended by striking subsection (d) 
and redesignating subsection (e) as subsection (d).
    (d) Report on Applied Research and Technology Program.--Section 
307(e)(11) of title 23, United States Code, is repealed.
    (e) Report on Highway Safety Improvement Programs (Report on Hazard 
Elimination Program).--Section 152(g) of title 23, United States Code, 
is amended by striking the last 3 sentences.
    (f) Report on Highway Safety Performance (Fatal and Injury Accident 
Rates on Public Roads in the United States).--Section 207 of the 
Highway Safety Act of 1982 (23 U.S.C. 401 note) is repealed.
    (g) Reports to Congress on the Administration of Chapter 301 (Motor 
Vehicle Safety) and on the Imported Vehicle Safety Compliance Act of 
1988.--Section 30169 of title 49, United States Code, is repealed.
    (h) Report on Railroad-Highway Demonstration Projects.--Section 
163(o) of the Federal-Aid Highway Act of 1973 (23 U.S.C. 130 note) is 
repealed.
    (i) Report on Uniform Relocation Act Amendments of 1987.--Section 
103(b)(2) of the Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970, as amended (42 U.S.C. 4604(b)(2)), is 
repealed.
    (j) Report on Railroad Financial Assistance.--Section 308(d) of 
title 49, United States Code, is repealed.
    (k) Report on Use of Advanced Technology by the Automobile 
Industry.--Section 305 of the Automotive Propulsion Research and 
Development Act of 1978 (15 U.S.C. 2704) is amended by striking the 
last sentence.
    (l) Report on Obligations.--Subsection (b) of section 5335 of title 
49, United States Code, is repealed, and subsections (c) and (d) are 
redesignated as subsections (b) and (c).
    (m) Report on Suspended Light Rail System Technology Pilot 
Project.--Section 5320(k) of title 49, United States Code, is repealed.
    (n) Reports on Pipelines on Federal Lands.--Section 28(w)(4) of the 
Mineral Leasing Act (30 U.S.C. 185(w)(4)) is repealed.
    (o) Reports on Natural Gas and Hazardous Liquid Pipeline Safety.--
Section 60124 of title 49, United States Code, is repealed, and section 
60125 is redesignated as section 60124.
    (p) Report on Joint Federal and State Motor Fuel Tax Compliance 
Project.--Section 1040(d)(1) of the Intermodal Surface Transportation 
Efficiency Act of 1991 (23 U.S.C. 101 note) is amended by striking 
``September 30 and''.
    (q) Report on Public Transportation.--Section 308(e)(1) of title 
49, United States Code, is amended by--
            (1) striking ``January of each even-numbered year'' and 
        inserting ``March 1995, and March of each odd-numbered year 
        thereafter''; and
            (2) inserting the following sentence at the end of the 
        text: ``The Secretary may combine this report with the report 
        required by 23 U.S.C. 307(h) for submission to Congress as a 
        single report.''.
    (r) Report on Nation's Highways and Bridges.--Section 307(h) of 
title 23, United States Code, is amended by--
            (1) striking ``January 1983, and in January of every second 
        year thereafter'' and inserting ``March 1995, and March of each 
        odd-numbered year thereafter''; and
            (2) inserting the following sentence at the end of the 
        text: ``The Secretary may combine this report with the report 
        required by 49 U.S.C. 308(e) for submission to Congress as a 
        single report.''.
    (s) Section 7207(c)(4) of the Anti-Drug Abuse Act of 1988 (Public 
Law 100-690; 102 Stat. 4428) is amended--
            (1) by striking out ``GAO''; and
            (2) by striking out ``the Comptroller General'' and 
        inserting in lieu thereof ``the Department of Transportation 
        Inspector General''.
    (t) Report on Marine Plastic Pollution Research and Control Act of 
1987.--Section 2201(a) of the Marine Plastic Pollution Research and 
Control Act of 1987 (33 U.S.C. 1902 note) is amended by striking 
``biennially'' and inserting ``triennially''.
    (u) Report to Congress on Bumper Standards.--Section 32510 of title 
49, United States Code, is repealed, and section 32511 is redesignated 
as section 32110.
    (v) Report to Congress on the Administration of the Highway Safety 
Act of 1966.--Section 401 note of title 23, United States Code, 
directing the Secretary to prepare and submit an annual report on the 
Administration of the Highway Safety Act of 1966, is repealed.
    (w) Report on Overweight Vehicles--Penalties and Permits.--Section 
123 of the Surface Transportation Assistance Act (STAA) of 1978 (Public 
Law 95-599, 92 Stat. 2698, 2701) is repealed.
    (x) Assured Timetable for Projects in Alternatives Analysis, 
Preliminary Engineering or Final Design States.--Section 5328(b)(3) of 
title 49, United States Code, is repealed.
    (y) Air Traffic Controller Staffing Standards.--Section 44506(d) of 
title 49, United States Code, is repealed.
    (z) Annual Aviation Security Report.--Section 44938 of title 49, 
United States Code, is amended by--
            (1) striking the word ``annually'' and inserting the word 
        ``biennially'' in the first sentence of subsection (b); and
            (2) striking subsection (c).
    (aa) Noise Compliance Report.--Section 47528(d) of title 49, United 
States Code, is amended by striking the word ``annual'' in the 
catchline and in paragraph (2) and inserting the word ``biennial''.
    (bb) Report on Implementation of Environmental Compliance and 
Restoration Program.--Section 693 of title 14, United States Code, is 
repealed and reserved.
    (cc) Report of Coast Guard User Fees.--Section 664 of title 14, 
United States Code, is amended by striking subsection (c).
    (dd) Coast Guard Military Retirement System Report.--The Coast 
Guard shall not be required to submit an annual report required by 
section 9503 of title 31, United States Code, with respect to its 
military retirement system.

SEC. 9. ADJUSTMENT OF EXECUTIVE LEVEL POSITIONS.

    (a) Adjustment of Executive Level II Compensation Schedules.--The 
listing of positions at level II of the Executive Schedule (5 U.S.C. 
5313) is amended by addition of the following entry:
            ``Administrator, Intermodal Transportation 
        Administration.''.
    (b) Adjustment of Executive Level IV Compensation Schedules.--The 
listing of positions at level IV of the Executive Schedule (5 U.S.C. 
5315) is amended by addition of the following entry:
            ``Deputy Administrator, Intermodal Transportation 
        Administration.''.

SEC. 10. SAVINGS PROVISION.

    (a) Continued Effectiveness of Directives.--All orders, 
determinations, rules, regulations, permits, contracts, leases, 
certificates, licenses, agreements for real and personal property, and 
privileges that--
            (1) have been issued, made, granted, or allowed to become 
        effective by the President of the United States, the Secretary, 
        an Administrator, any Federal agency or official thereof, or by 
        a court of competent jurisdiction, in the performance of 
        functions which are transferred by this Act; and
            (2) are final on October 1, 1996, shall remain in effect 
        (or come in to effect) according to their terms until modified, 
        terminated, superseded, set aside, or revoked in accordance 
        with law by the President of the United States, the Secretary 
        or his or her designee, a court of competent jurisdiction, or 
        by operation of law.
    (b) Continued Effectiveness of Pending Actions.--(1) The provisions 
of this Act shall not affect any proceedings, including notices of 
proposed rulemaking, or any application for any license, permit, 
certificate, or financial assistance pending on October 1, 1996, before 
the Department of Transportation, including any element or any officer 
thereof, with respect to functions transferred by this Act; but such 
proceedings or applications, to the extent that they relate to 
functions transferred, shall be continued in accord with transition 
regulations promulgated under the authority of this section. Orders 
issued in any such proceedings shall continue in effect until modified, 
terminated, superseded, or revoked by the Department or a succeeding 
Administration, by a court of competent jurisdiction, or by operation 
of law. Nothing in this subsection prohibits the discontinuance or 
modification of any such proceeding under the same terms and conditions 
and to the same extent that such proceeding could have been 
discontinued or modified if this Act had not been enacted.
    (2) The Secretary, an Administrator, and the Commandant are 
authorized to issue transition regulations providing for the orderly 
transfer of proceedings and otherwise accomplish the orderly transfer 
of functions, personnel and property under this Act.
    (c) Continued Effectiveness of Judicial Actions.--No cause of 
action by or against the Department of Transportation or an element of 
the Department with respect to functions transferred by this Act, or by 
or against any officer thereof in the official's capacity, shall abate 
by reason of the enactment of this Act. Causes of action and actions 
with respect to a function or office transferred by this Act, or other 
proceedings may be asserted by or against the United States or an 
official of the Department or a successor Administration, as may be 
appropriate, and, in an action pending on October 1, 1996, the court 
may at any time, on its own motion or that of any party, enter an order 
which will give effect to the provisions of this subsection.
    (d) Substitution or Addition of Parties to Judicial Actions.--If, 
on October 1, 1996, the Department of Transportation or an affected 
element, or any officer thereof in the official's capacity, is a party 
to an action, and under this Act any function relating to the action of 
such Department, element, or officer is transferred to another entity, 
then such action shall be continued with the appropriate officer 
substituted or added as a party.
    (e) Continued Jurisdiction Over Actions Transferred.--Orders and 
actions of a successor entity in the exercise of functions transferred 
by this Act shall be subject to judicial review to the same extent and 
in the same manner as if such orders and actions had been by the 
Department of Transportation or an element, or any office or officer 
thereof, in the exercise of such functions immediately preceding their 
transfer.
    (f) Continuation of the Maritime Subsidy Board.--Upon completion of 
the transfer of Maritime Administration functions to the Intermodal 
Transportation Administration, or as the Secretary may otherwise 
direct, the Maritime Subsidy Board, composed of the Maritime 
Administrator, Deputy Maritime Administrator, and Chief Counsel of the 
Maritime Administration, shall continue under the terms and conditions 
of the existing delegation.

SEC. 11. REFERENCE.

    With respect to any functions transferred by this Act and exercised 
after October 1, 1996, reference in any federal law, executive order, 
or regulation to the Federal Railroad Administration, Federal Highway 
Administration, National Highway Traffic Safety Administration, Federal 
Transit Administration, Maritime Administration, or Research and 
Special Programs Administration, or to any officer or office of such 
entities, shall be considered to refer to the Intermodal Transportation 
Administration or its respective officers or offices, as appropriate.

SEC. 12. SEPARABILITY.

    If a provision of this Act or its application to any person or 
circumstance is held invalid, neither the remainder of this Act nor the 
application of the provision to other persons or circumstances shall be 
affected.

SEC. 13. EFFECTIVE DATE.

    Except as otherwise specified, the provisions of this Act are 
effective October 1, 1995.
                                 <all>
S 703 IS----2
```