II

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.

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10 (a) Section 110 (Saint Lawrence Seaway Develop11 ment Corporation) is repealed and the following is sub12 stituted: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

24 ‘‘(C) information on public and private invest25 ment in intermodal transportation facilities and
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1 services. The Office shall make information from the

2 data base available to the public.

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

4 federal research on intermodal transportation in accord5 ance with the plan developed pursuant to section 6009(b)

6 of the Intermodal Surface Transportation Efficiency Act

7 of 1991 and for carrying out additional research needs

8 identified by the Office.

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

10 States and to metropolitan planning organizations for

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

12 collecting data relating to intermodal transportation in

13 order to facilitate the collection of such data by such

14 States and metropolitan planning organizations.’’.

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

16 358 (33 U.S.C. 981), as amended, is amended to read as

17 follows:

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

19 known as the Saint Lawrence Seaway Development Cor20 poration (hereinafter referred to as the ‘Corporation’).

21 ‘‘(b) The Secretary of Transportation may delegate

22 his or her authority to the Administrator as the Secretary

23 deems appropriate or as directed by law.’’.
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1 (c) Section 5002 of Public Law 102–240 (Intermodal

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

3 2158; Dec. 18, 1991) is repealed and reserved.

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

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

6 (2), after ‘‘operating,’’ by inserting ‘‘, except for those ac7 tions concerning the prevention of damage to, or destruc8 tion of, bridges under section 1225(a)(1) of this title, in

9 which case ‘Secretary’ means the Secretary of the Depart10 ment of Transportation.’’.

11 (e) The item in the analysis of chapter 1 of title 49

12 for section 110 is amended to read as follows:

‘‘110. Intermodal Transportation Administration.’’

13 SEC. 5. COMMERCIAL SPACE TRANSPORTATION.

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

15 Administration) is amended by—

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

17 (A);

18 (2) redesignating paragraph (B) as paragraph

19 (C); and

20 (3) adding a new paragraph (B) to read as fol21 lows:

22 ‘‘(B) Subtitle IX (Commercial Space Transpor23 tation); and’’.

24 SEC. 6. REPEAL OF EXISTING MODAL STRUCTURE.

25 (a) Title 49, United States Code, is amended by—
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1 (1) repealing sections 103 (Federal Railroad

2 Administration), 104 (Federal Highway Administra3 tion), 105 (National Highway Traffic Safety Admin4 istration), 107 (Federal Transit Administration),

5 109 (Maritime Administration), and 112 (Research

6 and Special Programs Administration);

7 (2) redesignating section 111 (Bureau of

8 Transportation Statistics) as section 103;

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

10 section 104; and

11 (4) redesignating section 110, as amended by

12 this Act (Intermodal Transportation Administra13 tion), as section 105.

14 (b) The amendments made by this section are effec15 tive October 1, 1996. Concurrent with these amendments,

16 the analysis of chapter 1 of title 49 is revised accordingly.

17 SEC. 7. COOPERATIVE AGREEMENTS; REIMBURSEMENT OF

18 EXPENSES.

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

20 addition of the following immediately following section

21 333:

22 ‘‘§ 334. Cooperative agreements

23 ‘‘Subject to the provisions of the Federal Property

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

25 U.S.C. 471, et seq.) with regard to leases, and the Steven-
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1 son-Wydler Technology Innovation Act of 1980, as amend2 ed, with regard to cooperative research and development

3 agreements, the Secretary of Transportation may make,

4 enter into, and perform such contracts, grants, leases, co5 operative agreements, cooperative research and develop6 ment agreements, and other similar transactions with fed7 eral or other public agencies (including state and local gov8 ernments), non-profit organizations, and private organiza9 tions and persons, and make such payments, by way of

10 advance or reimbursement, as the Secretary may deter11 mine to be necessary or appropriate to carry out the func12 tions of the Department. Authority to enter into contracts

13 or to make payments under this section shall be effective

14 only as provided for in appropriations Acts.

15 ‘‘§ 335. Reimbursement of expenses relating to pro16 moting transportation technology

17 ‘‘In order to undertake international trips related to

18 promoting international trade in United States goods and

19 services, the Secretary of Transportation may accept reim20 bursement for costs attributable to the participation of

21 nonFederal individuals incurred by the Department for

22 such trips from nonFederal sources, including inter23 national organizations, foreign governments, and private

24 individuals, firms and associations. Reimbursement may

25 be in the form of funds or property. Funds collected by
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1 the Secretary, including the proceeds from sales of prop2 erty received, shall be credited to the appropriation ac3 count that incurred the costs and shall be available for

4 the purposes of that appropriation. Where more than one

5 account is involved, the funds will be credited to the appro6 priation accounts in proportion to the costs incurred.’’.

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

8 States Code, is revised by—

9 (1) striking the item referring to sections 334

10 and 335; and

11 (2) inserting the following immediately follow12 ing item 333:

‘‘Sec. 334. Cooperative agreements.

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

technology.’’.

13 SEC. 8. REPORTS ELIMINATION AND MODIFICATION.

14 (a) REPORT ON DEEPWATER PORT ACT OF 1994.—

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

16 1519) is repealed.

17 (b) REPORT ON COAST GUARD LOGISTICS CAPABILI18 TIES CRITICAL TO MISSION PERFORMANCE.—Sections

19 5(a)(2) and 5(b) of the Coast Guard Authorization Act

20 of 1988 (10 U.S.C. 2304 note) are repealed.

21 (c) REPORT ON RAILROAD USER FEES.—Section

22 20115 of title 49, United States Code (User fees), is

23 amended by striking subsection (d) and redesignating sub24 section (e) as subsection (d).
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1 (d) REPORT ON APPLIED RESEARCH AND TECH2 NOLOGY PROGRAM.—Section 307(e)(11) of title 23,

3 United States Code, is repealed.

4 (e) REPORT ON HIGHWAY SAFETY IMPROVEMENT

5 PROGRAMS (REPORT ON HAZARD ELIMINATION PRO6 GRAM).—Section 152(g) of title 23, United States Code,

7 is amended by striking the last 3 sentences.

8 (f) REPORT ON HIGHWAY SAFETY PERFORMANCE

9 (FATAL AND INJURY ACCIDENT RATES ON PUBLIC

10 ROADS IN THE UNITED STATES).—Section 207 of the

11 Highway Safety Act of 1982 (23 U.S.C. 401 note) is re12 pealed.

13 (g) REPORTS TO CONGRESS ON THE ADMINISTRA14 TION OF CHAPTER 301 (MOTOR VEHICLE SAFETY) AND

15 ON THE IMPORTED VEHICLE SAFETY COMPLIANCE ACT

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

17 is repealed.

18 (h) REPORT ON RAILROAD-HIGHWAY DEMONSTRA19 TION PROJECTS.—Section 163(o) of the Federal-Aid

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

21 (i) REPORT ON UNIFORM RELOCATION ACT AMEND22 MENTS OF 1987.—Section 103(b)(2) of the Uniform Relo23 cation Assistance and Real Property Acquisition Policies

24 Act of 1970, as amended (42 U.S.C. 4604(b)(2)), is re25 pealed.
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1 (j) REPORT ON RAILROAD FINANCIAL ASSIST2 ANCE.—Section 308(d) of title 49, United States Code,

3 is repealed.

4 (k) REPORT ON USE OF ADVANCED TECHNOLOGY BY

5 THE AUTOMOBILE INDUSTRY.—Section 305 of the Auto6 motive Propulsion Research and Development Act of 1978

7 (15 U.S.C. 2704) is amended by striking the last sentence.

8 (l) REPORT ON OBLIGATIONS.—Subsection (b) of sec9 tion 5335 of title 49, United States Code, is repealed, and

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

11 and (c).

12 (m) REPORT ON SUSPENDED LIGHT RAIL SYSTEM

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

14 49, United States Code, is repealed.

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

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

17 185(w)(4)) is repealed.

18 (o) REPORTS ON NATURAL GAS AND HAZARDOUS

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

20 United States Code, is repealed, and section 60125 is re21 designated as section 60124.

22 (p) REPORT ON JOINT FEDERAL AND STATE MOTOR

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

24 of the Intermodal Surface Transportation Efficiency Act
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1 of 1991 (23 U.S.C. 101 note) is amended by striking

2 ‘‘September 30 and’’.

3 (q) REPORT ON PUBLIC TRANSPORTATION.—Section

4 308(e)(1) of title 49, United States Code, is amended by—

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

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

7 each odd-numbered year thereafter’’; and

8 (2) inserting the following sentence at the end

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

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

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

12 (r) REPORT ON NATION’S HIGHWAYS AND

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

14 Code, is amended by—

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

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

17 1995, and March of each odd-numbered year there18 after’’; and

19 (2) inserting the following sentence at the end

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

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

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

23 (s) Section 7207(c)(4) of the Anti-Drug Abuse Act

24 of 1988 (Public Law 100–690; 102 Stat. 4428) is amend25 ed—
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1 (1) by striking out ‘‘GAO’’; and

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

3 and inserting in lieu thereof ‘‘the Department of

4 Transportation Inspector General’’.

5 (t) REPORT ON MARINE PLASTIC POLLUTION RE6 SEARCH AND CONTROL ACT OF 1987.—Section 2201(a)

7 of the Marine Plastic Pollution Research and Control Act

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

9 ‘‘biennially’’ and inserting ‘‘triennially’’.

10 (u) REPORT TO CONGRESS ON BUMPER STAND11 ARDS.—Section 32510 of title 49, United States Code, is

12 repealed, and section 32511 is redesignated as section

13 32110.

14 (v) REPORT TO CONGRESS ON THE ADMINISTRATION

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

16 note of title 23, United States Code, directing the Sec17 retary to prepare and submit an annual report on the Ad18 ministration of the Highway Safety Act of 1966, is re19 pealed.

20 (w) REPORT ON OVERWEIGHT VEHICLES—PEN21 ALTIES AND PERMITS.—Section 123 of the Surface

22 Transportation Assistance Act (STAA) of 1978 (Public

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

24 (x) ASSURED TIMETABLE FOR PROJECTS IN ALTER25 NATIVES ANALYSIS, PRELIMINARY ENGINEERING OR
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1 FINAL DESIGN STATES.—Section 5328(b)(3) of title 49,

2 United States Code, is repealed.

3 (y) AIR TRAFFIC CONTROLLER STAFFING STAND4 ARDS.—Section 44506(d) of title 49, United States Code,

5 is repealed.

6 (z) ANNUAL AVIATION SECURITY REPORT.—Section

7 44938 of title 49, United States Code, is amended by—

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

9 the word ‘‘biennially’’ in the first sentence of sub10 section (b); and

11 (2) striking subsection (c).

12 (aa) NOISE COMPLIANCE REPORT.—Section

13 47528(d) of title 49, United States Code, is amended by

14 striking the word ‘‘annual’’ in the catchline and in para15 graph (2) and inserting the word ‘‘biennial’’.

16 (bb) REPORT ON IMPLEMENTATION OF ENVIRON17 MENTAL COMPLIANCE AND RESTORATION PROGRAM.—

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

19 and reserved.

20 (cc) REPORT OF COAST GUARD USER FEES.—Sec21 tion 664 of title 14, United States Code, is amended by

22 striking subsection (c).

23 (dd) COAST GUARD MILITARY RETIREMENT SYSTEM

24 REPORT.—The Coast Guard shall not be required to sub25 mit an annual report required by section 9503 of title 31,
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1 United States Code, with respect to its military retirement

2 system.

3 SEC. 9. ADJUSTMENT OF EXECUTIVE LEVEL POSITIONS.

4 (a) ADJUSTMENT OF EXECUTIVE LEVEL II COM5 PENSATION SCHEDULES.—The listing of positions at level

6 II of the Executive Schedule (5 U.S.C. 5313) is amended

7 by addition of the following entry:

8 ‘‘Administrator, Intermodal Transportation Ad9 ministration.’’.

10 (b) ADJUSTMENT OF EXECUTIVE LEVEL IV COM11 PENSATION SCHEDULES.—The listing of positions at level

12 IV of the Executive Schedule (5 U.S.C. 5315) is amended

13 by addition of the following entry:

14 ‘‘Deputy Administrator, Intermodal Transpor15 tation Administration.’’.

16 SEC. 10. SAVINGS PROVISION.

17 (a) CONTINUED EFFECTIVENESS OF DIRECTIVES.—

18 All orders, determinations, rules, regulations, permits,

19 contracts, leases, certificates, licenses, agreements for real

20 and personal property, and privileges that—

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

22 to become effective by the President of the United

23 States, the Secretary, an Administrator, any Federal

24 agency or official thereof, or by a court of competent
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1 jurisdiction, in the performance of functions which

2 are transferred by this Act; and

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

4 in effect (or come in to effect) according to their

5 terms until modified, terminated, superseded, set

6 aside, or revoked in accordance with law by the

7 President of the United States, the Secretary or his

8 or her designee, a court of competent jurisdiction, or

9 by operation of law.

10 (b) CONTINUED EFFECTIVENESS OF PENDING AC11 TIONS.—(1) The provisions of this Act shall not affect any

12 proceedings, including notices of proposed rulemaking, or

13 any application for any license, permit, certificate, or fi14 nancial assistance pending on October 1, 1996, before the

15 Department of Transportation, including any element or

16 any officer thereof, with respect to functions transferred

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

18 extent that they relate to functions transferred, shall be

19 continued in accord with transition regulations promul20 gated under the authority of this section. Orders issued

21 in any such proceedings shall continue in effect until modi22 fied, terminated, superseded, or revoked by the Depart23 ment or a succeeding Administration, by a court of com24 petent jurisdiction, or by operation of law. Nothing in this

25 subsection prohibits the discontinuance or modification of
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1 any such proceeding under the same terms and conditions

2 and to the same extent that such proceeding could have

3 been discontinued or modified if this Act had not been en4 acted.

5 (2) The Secretary, an Administrator, and the Com6 mandant are authorized to issue transition regulations

7 providing for the orderly transfer of proceedings and oth8 erwise accomplish the orderly transfer of functions, per9 sonnel and property under this Act.

10 (c) CONTINUED EFFECTIVENESS OF JUDICIAL AC11 TIONS.—No cause of action by or against the Department

12 of Transportation or an element of the Department with

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

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

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

16 action and actions with respect to a function or office

17 transferred by this Act, or other proceedings may be as18 serted by or against the United States or an official of

19 the Department or a successor Administration, as may be

20 appropriate, and, in an action pending on October 1,

21 1996, the court may at any time, on its own motion or

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

23 to the provisions of this subsection.

24 (d) SUBSTITUTION OR ADDITION OF PARTIES TO JU25 DICIAL ACTIONS.—If, on October 1, 1996, the Depart-
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1 ment of Transportation or an affected element, or any of2 ficer thereof in the official’s capacity, is a party to an ac3 tion, and under this Act any function relating to the action

4 of such Department, element, or officer is transferred to

5 another entity, then such action shall be continued with

6 the appropriate officer substituted or added as a party.

7 (e) CONTINUED JURISDICTION OVER ACTIONS

8 TRANSFERRED.—Orders and actions of a successor entity

9 in the exercise of functions transferred by this Act shall

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

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

12 by the Department of Transportation or an element, or

13 any office or officer thereof, in the exercise of such func14 tions immediately preceding their transfer.

15 (f) CONTINUATION OF THE MARITIME SUBSIDY

16 BOARD.—Upon completion of the transfer of Maritime

17 Administration functions to the Intermodal Transpor18 tation Administration, or as the Secretary may otherwise

19 direct, the Maritime Subsidy Board, composed of the Mar20 itime Administrator, Deputy Maritime Administrator, and

21 Chief Counsel of the Maritime Administration, shall con22 tinue under the terms and conditions of the existing dele23 gation.
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1 SEC. 11. REFERENCE.

2 With respect to any functions transferred by this Act

3 and exercised after October 1, 1996, reference in any fed4 eral law, executive order, or regulation to the Federal Rail5 road Administration, Federal Highway Administration,

6 National Highway Traffic Safety Administration, Federal

7 Transit Administration, Maritime Administration, or Re8 search and Special Programs Administration, or to any

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

10 refer to the Intermodal Transportation Administration or

11 its respective officers or offices, as appropriate.

12 SEC. 12. SEPARABILITY.

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

14 person or circumstance is held invalid, neither the remain15 der of this Act nor the application of the provision to other

16 persons or circumstances shall be affected.

17 SEC. 13. EFFECTIVE DATE.

18 Except as otherwise specified, the provisions of this

19 Act are effective October 1, 1995.

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