IB 

Union Calendar No. 466

108TH CONGRESS 

2D SESSION H. R. 5163

[Report No. 108–749, Part I] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2004

Mr. YOUNG of Alaska (for himself and Mr. OBERSTAR) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure, and in addition to the Committees on Energy and Commerce and Science, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

OCTOBER 6, 2004

Reported from the Committee on Transportation and Infrastructure 

OCTOBER 6, 2004

Referral to the Committees on Energy and Commerce and Science extended 

for a period ending not later than October 6, 2004

OCTOBER 6, 2004

The Committees on Energy and Commerce and Science discharged; committed 

to the Committee of the Whole House on the State of the Union and ordered to be printed 

A BILL

To amend title 49, United States Code, to provide the Department of Transportation a more focused research or-
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ganization 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,

3 SECTION 1. SHORT TITLE. 

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

5 Research and Special Programs Reorganization Act’’. 

6 SEC. 2. PIPELINE AND HAZARDOUS MATERIALS SAFETY AD7 MINISTRATION. 

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

9 States Code, is amended to read as follows: 

10 ‘‘§ 108. Pipeline and Hazardous Materials Safety Ad11 ministration 

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

13 Materials Safety Administration shall be an administra14 tion in the Department of Transportation. 

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

16 out its duties, the Administration shall consider the as17 signment and maintenance of safety as the highest pri18 ority, recognizing the clear intent, encouragement, and 

19 dedication of Congress to the furtherance of the highest 

20 degree of safety in pipeline transportation and hazardous 

21 materials transportation. 

22 ‘‘(c) ADMINISTRATOR.—The head of the Administra23 tion shall be the Administrator who shall be appointed by 

24 the President, by and with the advice and consent of the 
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1 Senate, and shall be an individual with professional experi2 ence in pipeline safety, hazardous materials safety, or 

3 other transportation safety. The Administrator shall re4 port directly to the Secretary of Transportation. 

5 ‘‘(d) DEPUTY ADMINISTRATOR.—The Administration 

6 shall have a Deputy Administrator who shall be appointed 

7 by the Secretary. The Deputy Administrator shall carry 

8 out duties and powers prescribed by the Administrator. 

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

10 shall have an Assistant Administrator for Pipeline and 

11 Hazardous Materials Safety appointed in the competitive 

12 service by the Secretary. The Assistant Administrator 

13 shall be the Chief Safety Officer of the Administration. 

14 The Assistant Administrator shall carry out the duties and 

15 powers prescribed by the Administrator. 

16 ‘‘(f) DUTIES AND POWERS OF THE ADMINIS17 TRATOR.—The Administrator shall carry out—

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

19 hazardous materials transportation and safety vested 

20 in the Secretary by chapters 51, 57, 59, 61, 601, 

21 and 603; and 

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

23 Secretary. 

24 ‘‘(g) LIMITATION.—A duty or power specified in sub25 section (f)(1) may be transferred to another part of the 
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1 Department of Transportation or another government en2 tity only if specifically provided by law.’’. 

3 (b) TRANSFER OF DUTIES AND POWERS OF RE4 SEARCH AND SPECIAL PROGRAMS ADMINISTRATION.—

5 The authority of the Research and Special Programs Ad6 ministration exercised under chapters 51, 57, 59, 61, 601, 

7 and 603 of title 49, United States Code, is transferred 

8 to the Administrator of the Pipeline and Hazardous Mate9 rials Safety Administration. 

10 (c) CONFORMING AMENDMENTS.—

11 (1) CHAPTER ANALYSIS.—The analysis for 

12 chapter 1 of title 49, United States Code, is amend13 ed by striking the item relating to section 108 and 

14 inserting the following:

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

15 (2) DOT INSPECTORS.—Sections 5118(b)(3)(A) 

16 of title 49, United States Code, is amended by strik17 ing ‘‘Research and Special Programs Administra18 tion’’ and inserting ‘‘Pipeline and Hazardous Mate19 rials Safety Administration’’. 

20 (3) NTSB SAFETY RECOMMENDATIONS.—Sec21 tion 19(a) of the Pipeline Safety Improvement Act 

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

23 amended by striking ‘‘Research and Special Pro24 grams Administration’’ and inserting ‘‘Pipeline and 

25 Hazardous Materials Safety Administration’’. 
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1 (4) NATIONAL MARITIME ENHANCEMENTS IN2 STITUTES.—Section 8(f)(2) of Public Law 101–115 

3 (46 U.S.C. App. 1121–2(f)(2)) is amended by strik4 ing ‘‘Research and Special Programs Administra5 tion’’ and inserting ‘‘Research and Innovative Tech6 nology Administration’’. 

7 (5) OIL POLLUTION RESEARCH AND DEVELOP8 MENT PROGRAM.—Section 7001 of the Oil Pollution 

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

10 (A) in subsection (a)(3) by striking ‘‘Re11 search and Special Projects Administration’’ 

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

14 (B) in subsection (c)(11) by striking ‘‘Re15 search and Special Programs Administration’’ 

16 and inserting ‘‘Pipeline and Hazardous Mate17 rials Safety Administration’’. 

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

19 18, United State Code, is amended by striking ‘‘Re20 search and Special Projects Administration’’ and in21 serting ‘‘Pipeline and Hazardous Materials Safety 

22 Administration’’. 

23 (d) EXECUTIVE SCHEDULE PAY RATE.—Section 

24 5314 of title 5, United States Code, is amended by adding 

25 at the end the following: 
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1 ‘‘Administrator, Pipeline and Hazardous 

2 Materials Safety Administration.’’.

3 SEC. 3. BUREAU OF TRANSPORTATION STATISTICS. 

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

5 United States Code, is amended by striking ‘‘in the De6 partment of Transportation’’ and inserting ‘‘in the Re7 search and Innovative Technology Administration’’. 

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

9 title 49, United States Code, is amended—

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

11 following: 

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

13 headed by a Director who shall be appointed in the 

14 competitive service by the Secretary.’’; and 

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

16 (c) EXECUTIVE SCHEDULE PAY RATE.—Section 

17 5316 of title 5, United States Code, is amended by strik18 ing the undesignated paragraph relating to the Director, 

19 Bureau of Transportation Statistics. 

20 SEC. 4. RESEARCH AND INNOVATIVE TECHNOLOGY ADMIN21 ISTRATION. 

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

23 States Code, is amended—

24 (1) by striking the section heading and insert25 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) the responsibilities of the Secretary for—

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

14 of the Department’s research and development 

15 programs and activities; 

16 ‘‘(B) advancement of innovative tech17 nologies, including intelligent transportation 

18 systems projects and products; 

19 ‘‘(C) comprehensive transportation statis20 tics research, analysis, and reporting; 

21 ‘‘(D) education and training in transpor22 tation and transportation-related fields; and 

23 ‘‘(E) activities of the Volpe National 

24 Transportation Center; and 

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

26 Secretary.’’; and 
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1 (4) by striking subsection (e). 

2 (b) OFFICE OF INTERMODALISM.—Section 5503(a) 

3 of title 49, United States Code, is amended to read as 

4 follows: 

5 ‘‘(a) ESTABLISHMENT.—There is established in the 

6 Research and Innovative Technology Administration an 

7 Office of Intermodalism.’’. 

8 (c) TRANSFER OF POWERS AND DUTIES OF RE9 SEARCH AND SPECIAL PROGRAMS ADMINISTRATION.—

10 The authority of the Research and Special Programs Ad11 ministration, other than authority exercised under chap12 ters 51, 57, 59, 61, 601, and 603 of title 49, United States 

13 Code, is transferred to the Administrator of the Research 

14 and Innovative Technology Administration. 

15 (d) CONFORMING AMENDMENT.—The analysis for 

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

17 striking the item relating to section 112 and inserting the 

18 following:

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

19 (e) EXECUTIVE SCHEDULE PAY RATE.—Section 

20 5314 of title 5, United States Code, is amended by strik21 ing the undesignated paragraph relating to the Adminis22 trator, Research and Special Programs Administration 

23 and inserting the following: 

24 ‘‘Administrator, Research and Innovative 

25 Technology Administration.’’.
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1 SEC. 5. SAVINGS PROVISIONS. 

2 (a) TRANSFER OF ASSETS AND PERSONNEL.—Per3 sonnel, property, and records employed, used, held, avail4 able, or to be made available in connection with functions 

5 transferred within the Department of Transportation by 

6 this Act shall be transferred for use in connection with 

7 the functions transferred, and unexpended balances of ap8 propriations, allocations, and other funds (including funds 

9 of any predecessor entity) shall also be transferred accord10 ingly. 

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

12 rules, regulations, permits, grants, loans, contracts, settle13 ments, agreements, certificates, licenses, and privileges—

14 (1) that have been issued, made, granted, or al15 lowed to become effective by any officer or employee, 

16 or any other Government official, or by a court of 

17 competent jurisdiction, in the performance of any 

18 function that is transferred by this Act; and 

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

20 such transfer (or become effective after such date 

21 pursuant to their terms as in effect on such effective 

22 date), 

23 shall continue in effect according to their terms until 

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

25 accordance with law by the Department, any other author-
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1 ized official, a court of competent jurisdiction, or operation 

2 of law. 

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

4 not affect any proceedings, including administrative en5 forcement actions, pending before this Act takes effect, in6 sofar as those functions are transferred by this Act; but 

7 such proceedings, to the extent that they relate to func8 tions so transferred, shall proceed in accordance with ap9 plicable law and regulations. Nothing in this subsection 

10 shall be deemed to prohibit the conclusion or modification 

11 of any proceeding described in this subsection under the 

12 same terms and conditions and to the same extent that 

13 such proceeding could have been concluded or modified if 

14 this Act had not been enacted. The Secretary of Transpor15 tation is authorized to provide for the orderly transfer of 

16 pending proceedings. 

17 (d) SUITS.—

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

19 suits commenced before the date of enactment of 

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

21 (3). In all such suits, proceedings shall be had, ap22 peals taken, and judgments rendered in the same 

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

24 not been enacted. 
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1 (2) SUITS BY OR AGAINST DEPARTMENT.—Any 

2 suit by or against the Department begun before the 

3 date of enactment of this Act, shall proceed in ac4 cordance with applicable law and regulations, insofar 

5 as it involves a function retained and transferred 

6 under this Act. 

7 (3) PROCEDURES FOR REMANDED CASES.—If 

8 the court in a suit described in paragraph (1) re9 mands a case, subsequent proceedings related to 

10 such case shall proceed under procedures that are in 

11 accordance with applicable law and regulations as in 

12 effect at the time of such subsequent proceedings. 

13 (e) CONTINUANCE OF ACTIONS AGAINST OFFI14 CERS.—No suit, action, or other proceeding commenced 

15 by or against any officer in his or her official capacity 

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

17 (f) EXERCISE OF AUTHORITIES.—An officer or em18 ployee of the Department, for purposes of performing a 

19 function transferred by this Act, may exercise all authori20 ties under any other provision of law that were available 

21 with respect to the performance of that function to the 

22 official responsible for the performance of the function im23 mediately before the effective date of the transfer of the 

24 function by this Act. 
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1 (g) REFERENCES.—A reference relating to an agen2 cy, officer, or employee affected by this Act in any Federal 

3 law, Executive order, rule, regulation, or delegation of au4 thority, or in any document pertaining to an officer or em5 ployee, is deemed to refer, as appropriate, to the agency, 

6 officer, or employee who succeeds to the functions trans7 ferred by this Act. 

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

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

10 SEC. 6. REPORTS. 

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

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

13 the Inspector General of the Department of Transpor14 tation shall submit to the Secretary of Transportation and 

15 the Administrator of the Pipeline and Hazardous Mate16 rials Safety Administration a report containing the fol17 lowing: 

18 (1) A list of each statutory mandate regarding 

19 pipeline safety or hazardous materials safety that 

20 has not been implemented. 

21 (2) A list of each open safety recommendation 

22 made by the National Transportation Safety Board 

23 or the Inspector General regarding pipeline safety or 

24 hazardous materials safety. 

25 (b) REPORTS BY THE SECRETARY.—
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1 (1) STATUTORY MANDATES.—Not later than 90 

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

3 every 180 days thereafter until each of the mandates 

4 referred to in subsection (a)(1) has been imple5 mented, the Secretary shall transmit to the Com6 mittee on Transportation and Infrastructure and the 

7 Committee on Energy and Commerce of the House 

8 of Representatives and the Committee on Commerce, 

9 Science, and Transportation of the Senate a report 

10 on the specific actions taken to implement such 

11 mandates. 

12 (2) NTSB AND INSPECTOR GENERAL REC13 OMMENDATIONS.—Not later than January 1st of 

14 each year, the Secretary shall transmit to the Com15 mittee on Transportation and Infrastructure and the 

16 Committee on Energy and Commerce of the House 

17 of Representatives and the Committee on Commerce, 

18 Science, and Transportation of the Senate a report 

19 containing each recommendation referred to sub20 section (a)(2) and a copy of the Department of 

21 Transportation response to each such recommenda22 tion. 

23 SEC. 7. DEADLINE FOR TRANSFERS. 

24 The Secretary shall provide for the orderly transfer 

25 of duties and powers under this Act, including the amend-
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1 ments made by this Act, as soon as practicable but not 

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

Union Calendar No. 466

108TH CONGRESS 

2D SESSION H. R. 5163

[Report No. 108–749, Part I] 

A BILL

To amend title 49, United States Code, to provide 

innovative technology, and for other purposes. cused research organization with an emphasis on the Department of Transportation a more foOCTOBER 6, 2004

Reported from the Committee on Transportation and 

Infrastructure 

Referral to the Committees on Energy and Commerce 

than October 6, 2004and Science extended for a period ending not later 

The Committees on Energy and Commerce and Science 

printed House on the State of the Union, and ordered to be discharged; committed to the Committee of the Whole