108TH CONGRESS

2D SESSION H. R. 5163

AN ACT

To amend title 49, United States Code, to provide

innovative technology, and for other purposes.cused research organization with an emphasis onthe Department of Transportation a more fo-

108TH CONGRESS

2D SESSION H. R. 5163

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.

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

2 This Act may be cited as the ‘‘Norman Y. Mineta

3 Research and Special Programs Improvement Act’’.

4 SEC. 2. PIPELINE AND HAZARDOUS MATERIALS SAFETY AD5 MINISTRATION.

6 (a) IN GENERAL.—Section 108 of title 49, United

7 States Code, is amended to read as follows:

8 ‘‘§ 108. Pipeline and Hazardous Materials Safety Ad9 ministration

10 ‘‘(a) IN GENERAL.—The Pipeline and Hazardous

11 Materials Safety Administration shall be an administra12 tion in the Department of Transportation.

13 ‘‘(b) SAFETY AS HIGHEST PRIORITY.—In carrying

14 out its duties, the Administration shall consider the as15 signment and maintenance of safety as the highest pri16 ority, recognizing the clear intent, encouragement, and

17 dedication of Congress to the furtherance of the highest

18 degree of safety in pipeline transportation and hazardous

19 materials transportation.

20 ‘‘(c) ADMINISTRATOR.—The head of the Administra21 tion shall be the Administrator who shall be appointed by

22 the President, by and with the advice and consent of the

23 Senate, and shall be an individual with professional experi24 ence in pipeline safety, hazardous materials safety, or

25 other transportation safety. The Administrator shall re26 port directly to the Secretary of Transportation.
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1 ‘‘(d) DEPUTY ADMINISTRATOR.—The Administration

2 shall have a Deputy Administrator who shall be appointed

3 by the Secretary. The Deputy Administrator shall carry

4 out duties and powers prescribed by the Administrator.

5 ‘‘(e) CHIEF SAFETY OFFICER.—The Administration

6 shall have an Assistant Administrator for Pipeline and

7 Hazardous Materials Safety appointed in the competitive

8 service by the Secretary. The Assistant Administrator

9 shall be the Chief Safety Officer of the Administration.

10 The Assistant Administrator shall carry out the duties and

11 powers prescribed by the Administrator.

12 ‘‘(f) DUTIES AND POWERS OF THE ADMINIS13 TRATOR.—The Administrator shall carry out—

14 ‘‘(1) duties and powers related to pipeline and

15 hazardous materials transportation and safety vested

16 in the Secretary by chapters 51, 57, 61, 601, and

17 603; and

18 ‘‘(2) other duties and powers prescribed by the

19 Secretary.

20 ‘‘(g) LIMITATION.—A duty or power specified in sub21 section (f)(1) may be transferred to another part of the

22 Department of Transportation or another government en23 tity only if specifically provided by law.’’.

24 (b) TRANSFER OF DUTIES AND POWERS OF RE25 SEARCH AND SPECIAL PROGRAMS ADMINISTRATION.—
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1 The authority of the Research and Special Programs Ad2 ministration exercised under chapters 51, 57, 61, 601, and

3 603 of title 49, United States Code, is transferred to the

4 Administrator of the Pipeline and Hazardous Materials

5 Safety Administration.

6 (c) CONFORMING AMENDMENTS.—

7 (1) CHAPTER ANALYSIS.—The analysis for

8 chapter 1 of title 49, United States Code, is amend9 ed by striking the item relating to section 108 and

10 inserting the following:

‘‘108. Pipeline and Hazardous Materials Safety Administration.’’.

11 (2) DOT INSPECTORS.—Section 5118(b)(3)(A)

12 of title 49, United States Code, is amended by strik13 ing ‘‘Research and Special Programs Administra14 tion’’ and inserting ‘‘Pipeline and Hazardous Mate15 rials Safety Administration’’.

16 (3) NTSB SAFETY RECOMMENDATIONS.—Sec17 tion 19(a) of the Pipeline Safety Improvement Act

18 of 2002 (49 U.S.C 1135 note; 116 Stat. 3009) is

19 amended by striking ‘‘Research and Special Pro20 gram Administration’’ and inserting ‘‘Pipeline and

21 Hazardous Materials Safety Administration’’.

22 (4) NATIONAL MARITIME ENHANCEMENTS IN23 STITUTES.—Section 8(f)(2) of Public Law 101–115

24 (46 U.S.C. App. 1121–2(f)(2)) is amended by strik25 ing ‘‘Research and Special Programs Administra-
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1 tion’’ and inserting ‘‘Research and Innovative Tech2 nology Administration’’.

3 (5) OIL POLLUTION RESEARCH AND DEVELOP4 MENT PROGRAM.—Section 7001 of the Oil Pollution

5 Act of 1990 (33 U.S.C. 2761) is amended—

6 (A) in subsection (a)(3) by striking ‘‘Re7 search and Special Projects Administration’’

8 and inserting ‘‘Pipeline and Hazardous Mate9 rials Safety Administration’’; and

10 (B) in subsection (c)(11) by striking ‘‘Re11 search and Special Programs Administration’’

12 and inserting ‘‘Pipeline and Hazardous Mate13 rials Safety Administration’’.

14 (6) PENALTIES.—Section 844(g)(2)(B) of title

15 18, United State Code, is amended by striking ‘‘Re16 search and Special Projects Administration’’ and in17 serting ‘‘Pipeline and Hazardous Materials Safety

18 Administration’’.

19 (d) EXECUTIVE SCHEDULE PAY RATE.—Section

20 5314 of title 5, United States Code, is amended by adding

21 at the end the following:

22 ‘‘Administrator, Pipeline and Hazardous Mate23 rials Safety Administration.’’.
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1 SEC. 3. BUREAU OF TRANSPORTATION STATISTICS.

2 (a) ESTABLISHMENT.—Section 111(a) of title 49,

3 United States Code, is amended by striking ‘‘in the De4 partment of Transportation’’ and inserting ‘‘in the Re5 search and Innovative Technology Administration’’.

6 (b) APPOINTMENT OF DIRECTOR.—Section 111(b) of

7 title 49, United States Code, is amended—

8 (1) by striking paragraph (1) and inserting the

9 following:

10 ‘‘(1) APPOINTMENT.—The Bureau shall be

11 headed by a Director who shall be appointed in the

12 competitive service by the Secretary.’’; and

13 (2) by striking paragraphs (3) and (4).

14 (c) EXECUTIVE SCHEDULE PAY RATE.—Section

15 5316 of title 5, United States Code, is amended by strik16 ing the undesignated paragraph relating to the Director,

17 Bureau of Transportation Statistics.

18 SEC. 4. RESEARCH AND INNOVATIVE TECHNOLOGY ADMIN19 ISTRATION.

20 (a) IN GENERAL.—Section 112 of title 49, United

21 States Code, is amended—

22 (1) by striking the section heading and insert23 ing the following:
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1 ‘‘§ 112. Research and Innovative Technology Adminis2 tration’’;

3 (2) by striking subsection (a) and inserting the

4 following:

5 ‘‘(a) ESTABLISHMENT.—The Research and Innova6 tive Technology Administration shall be an administration

7 in the Department of Transportation.’’;

8 (3) by striking subsection (d) and inserting the

9 following:

10 ‘‘(d) POWERS AND DUTIES OF THE ADMINIS11 TRATOR.—The Administrator shall carry out—

12 ‘‘(1) powers and duties prescribed by the Sec13 retary for—

14 ‘‘(A) coordination, facilitation, and review

15 of the Department’s research and development

16 programs and activities;

17 ‘‘(B) advancement, and research and devel18 opment, of innovative technologies, including in19 telligent transportation systems;

20 ‘‘(C) comprehensive transportation statis21 tics research, analysis, and reporting;

22 ‘‘(D) education and training in transpor23 tation and transportation-related fields; and

24 ‘‘(E) activities of the Volpe National

25 Transportation Center; and
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1 ‘‘(2) other powers and duties prescribed by the

2 Secretary.’’; and

3 (4) by striking subsection (e).

4 (b) CLARIFICATION.—

5 (1) IN GENERAL.—Nothing in this Act shall

6 grant any authority to the Research and Innovative

7 Technology Administration over research and other

8 programs, activities, standards, or regulations ad9 ministered by the Secretary of Transportation

10 through the National Highway Traffic Safety Ad11 ministration.

12 (2) APPLICABILITY.—Paragraph (1) shall not

13 apply to the research and other programs, activities,

14 standards, or regulations provided for in highway

15 and traffic safety programs, administered by the

16 Secretary through the National Highway Traffic

17 Safety Administration, in title 23, United States

18 Code, and chapter 303 of title 49, United States

19 Code, as in effect on the date of enactment of this

20 Act.

21 (c) OFFICE OF INTERMODALISM.—Section 5503(a) of

22 title 49, United States Code, is amended to read as fol23 lows:
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1 ‘‘(a) ESTABLISHMENT.—There is established in the

2 Research and Innovative Technology Administration an

3 Office of Intermodalism.’’.

4 (d) TRANSFER OF POWERS AND DUTIES OF RE5 SEARCH AND SPECIAL PROGRAMS ADMINISTRATION.—

6 The authority of the Research and Special Programs Ad7 ministration, other than authority exercised under chap8 ters 51, 57, 61, 601, and 603 of title 49, United States

9 Code, is transferred to the Administrator of the Research

10 and Innovative Technology Administration.

11 (e) CONFORMING AMENDMENT.—The analysis for

12 chapter 1 of title 49, United States Code, is amended by

13 striking the item relating to section 112 and inserting the

14 following:

‘‘112. Research and Innovative Technology Administration.’’.

15 (f) EXECUTIVE SCHEDULE PAY RATE.—Section

16 5314 of title 5, United States Code, is amended by strik17 ing the undesignated paragraph relating to the Adminis18 trator, Research and Special Programs Administration

19 and inserting the following:

20 ‘‘Administrator, Research and Innovative Tech21 nology Administration.’’.

22 (g) REPORT.—

23 (1) IN GENERAL.—Not later than 120 days

24 after the date of enactment of this Act, the Adminis25 trator of the Research and Innovative Technology
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1 Administration shall submit to the Committee on

2 Transportation and Infrastructure and the Com3 mittee on Science of the House of Representatives

4 and the Committee on Commerce, Science, and

5 Transportation of the Senate a report on the re6 search activities of the Department of Transpor7 tation.

8 (2) CONTENTS.—The report shall include—

9 (A) a summary of the mission and stra10 tegic goals of the Administration;

11 (B) a prioritized list of the research and

12 development activities that the Department in13 tends to pursue over the next 5 years;

14 (C) a description of the primary purposes

15 for conducting such research and development

16 activities, such as reducing traffic congestion,

17 improving mobility, and promoting safety;

18 (D) an estimate of the funding levels need19 ed to implement such research and development

20 activities for the current fiscal year; and

21 (E) any additional information the Admin22 istrator considers appropriate.

23 (3) DEVELOPMENT.—In developing the report,

24 the Administrator shall—
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1 (A) solicit input from a wide range of

2 stakeholders;

3 (B) take into account how the research

4 and development activities of other Federal,

5 State, private sector, and not-for-profit institu6 tions contribute to the achievement of the pur7 poses identified under paragraph (2)(C); and

8 (C) address methods to avoid unnecessary

9 duplication of efforts in achieving such pur10 poses.

11 SEC. 5. SAVINGS PROVISIONS.

12 (a) TRANSFER OF ASSETS AND PERSONNEL.—Per13 sonnel, property, and records employed, used, held, avail14 able, or to be made available in connection with functions

15 transferred within the Department of Transportation by

16 this Act shall be transferred for use in connection with

17 the functions transferred, and unexpended balances of ap18 propriations, allocations, and other funds (including funds

19 of any predecessor entity) shall also be transferred accord20 ingly.

21 (b) LEGAL DOCUMENTS.—All orders, determinations,

22 rules, regulations, permits, grants, loans, contracts, settle23 ments, agreements, certificates, licenses, and privileges—

24 (1) that have been issued, made, granted, or al25 lowed to become effective by any officer or employee,
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1 or any other Government official, or by a court of

2 competent jurisdiction, in the performance of any

3 function that is transferred by this Act; and

4 (2) that are in effect on the effective date of

5 such transfer (or become effective after such date

6 pursuant to their terms as in effect on such effective

7 date),

8 shall continue in effect according to their terms until

9 modified, terminated, superseded, set aside, or revoked in

10 accordance with law by the Department, any other author11 ized official, a court of competent jurisdiction, or operation

12 of law.

13 (c) PROCEEDINGS.—The provisions of this Act shall

14 not affect any proceedings, including administrative en15 forcement actions, pending before this Act takes effect, in16 sofar as those functions are transferred by this Act; but

17 such proceedings, to the extent that they relate to func18 tions so transferred, shall proceed in accordance with ap19 plicable law and regulations. Nothing in this subsection

20 shall be deemed to prohibit the conclusion or modification

21 of any proceeding described in this subsection under the

22 same terms and conditions and to the same extent that

23 such proceeding could have been concluded or modified if

24 this Act had not been enacted. The Secretary of Transpor-
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1 tation is authorized to provide for the orderly transfer of

2 pending proceedings.

3 (d) SUITS.—

4 (1) IN GENERAL.—This Act shall not affect

5 suits commenced before the date of enactment of

6 this Act, except as provided in paragraphs (2) and

7 (3). In all such suits, proceedings shall be had, ap8 peals taken, and judgments rendered in the same

9 manner and with the same effect as if this Act had

10 not been enacted.

11 (2) SUITS BY OR AGAINST DEPARTMENT.—Any

12 suit by or against the Department begun before the

13 date of enactment of this Act, shall proceed in ac14 cordance with applicable law and regulations, insofar

15 as it involves a function retained and transferred

16 under this Act.

17 (3) PROCEDURES FOR REMANDED CASES.—If

18 the court in a suit described in paragraph (1) re19 mands a case, subsequent proceedings related to

20 such case shall proceed under procedures that are in

21 accordance with applicable law and regulations as in

22 effect at the time of such subsequent proceedings.

23 (e) CONTINUANCE OF ACTIONS AGAINST OFFI24 CERS.—No suit, action, or other proceeding commenced
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1 by or against any officer in his or her official capacity

2 shall abate by reason of the enactment of this Act.

3 (f) EXERCISE OF AUTHORITIES.—An officer or em4 ployee of the Department, for purposes of performing a

5 function transferred by this Act, may exercise all authori6 ties under any other provision of law that were available

7 with respect to the performance of that function to the

8 official responsible for the performance of the function im9 mediately before the effective date of the transfer of the

10 function by this Act.

11 (g) REFERENCES.—A reference relating to an agen12 cy, officer, or employee affected by this Act in any Federal

13 law, Executive order, rule, regulation, or delegation of au14 thority, or in any document pertaining to an officer or em15 ployee, is deemed to refer, as appropriate, to the agency,

16 officer, or employee who succeeds to the functions trans17 ferred by this Act.

18 (h) DEFINITION.—In this section, the term ‘‘this

19 Act’’ includes the amendments made by this Act.

20 SEC. 6. REPORTS.

21 (a) REPORTS BY THE INSPECTOR GENERAL.—Not

22 later than 30 days after the date of enactment of this Act,

23 the Inspector General of the Department of Transpor24 tation shall submit to the Secretary of Transportation and

25 the Administrator of the Pipeline and Hazardous Mate-
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1 rials Safety Administration a report containing the fol2 lowing:

3 (1) A list of each statutory mandate regarding

4 pipeline safety or hazardous materials safety that

5 has not been implemented.

6 (2) A list of each open safety recommendation

7 made by the National Transportation Safety Board

8 or the Inspector General regarding pipeline safety or

9 hazardous materials safety.

10 (b) REPORTS BY THE SECRETARY.—

11 (1) STATUTORY MANDATES.—Not later than 90

12 days after the date of enactment of this Act, and

13 every 180 days thereafter until each of the mandates

14 referred to in subsection (a)(1) has been imple15 mented, the Secretary shall transmit to the Com16 mittee on Transportation and Infrastructure and the

17 Committee on Energy and Commerce of the House

18 of Representatives and the Committee on Commerce,

19 Science, and Transportation of the Senate a report

20 on the specific actions taken to implement such

21 mandates.

22 (2) NTSB AND INSPECTOR GENERAL REC23 OMMENDATIONS.—Not later than January 1st of

24 each year, the Secretary shall transmit to the Com25 mittee on Transportation and Infrastructure and the
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1 Committee on Energy and Commerce of the House

2 of Representatives and the Committee on Commerce,

3 Science, and Transportation of the Senate a report

4 containing each recommendation referred to in sub5 section (a)(2) and a copy of the Department of

6 Transportation response to each such recommenda7 tion.

8 SEC. 7. DEADLINE FOR TRANSFERS.

9 The Secretary shall provide for the orderly transfer

10 of duties and powers under this Act, including the amend11 ments made by this Act, as soon as practicable but not

12 later than 90 days after the date of enactment of this Act.

Passed the House of Representatives October 7 (legislative day, October 6), 2004.

Attest:

Clerk.