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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5163 Received in Senate (RDS)]

  2d Session
                                H. R. 5163

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 7, 2004

                                Received

_______________________________________________________________________

                                 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.

    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 ``Norman Y. Mineta Research and 
Special Programs Improvement Act''.

SEC. 2. PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION.

    (a) In General.--Section 108 of title 49, United States Code, is 
amended to read as follows:
``Sec. 108. Pipeline and Hazardous Materials Safety Administration
    ``(a) In General.--The Pipeline and Hazardous Materials Safety 
Administration shall be an administration in the Department of 
Transportation.
    ``(b) Safety as Highest Priority.--In carrying out its duties, the 
Administration shall consider the assignment and maintenance of safety 
as the highest priority, recognizing the clear intent, encouragement, 
and dedication of Congress to the furtherance of the highest degree of 
safety in pipeline transportation and hazardous materials 
transportation.
    ``(c) Administrator.--The head of the Administration shall be the 
Administrator who shall be appointed by the President, by and with the 
advice and consent of the Senate, and shall be an individual with 
professional experience in pipeline safety, hazardous materials safety, 
or other transportation safety. The Administrator shall report directly 
to the Secretary of Transportation.
    ``(d) Deputy Administrator.--The Administration shall have a Deputy 
Administrator who shall be appointed by the Secretary. The Deputy 
Administrator shall carry out duties and powers prescribed by the 
Administrator.
    ``(e) Chief Safety Officer.--The Administration shall have an 
Assistant Administrator for Pipeline and Hazardous Materials Safety 
appointed in the competitive service by the Secretary. The Assistant 
Administrator shall be the Chief Safety Officer of the Administration. 
The Assistant Administrator shall carry out the duties and powers 
prescribed by the Administrator.
    ``(f) Duties and Powers of the Administrator.--The Administrator 
shall carry out--
            ``(1) duties and powers related to pipeline and hazardous 
        materials transportation and safety vested in the Secretary by 
        chapters 51, 57, 61, 601, and 603; and
            ``(2) other duties and powers prescribed by the Secretary.
    ``(g) Limitation.--A duty or power specified in subsection (f)(1) 
may be transferred to another part of the Department of Transportation 
or another government entity only if specifically provided by law.''.
    (b) Transfer of Duties and Powers of Research and Special Programs 
Administration.--The authority of the Research and Special Programs 
Administration exercised under chapters 51, 57, 61, 601, and 603 of 
title 49, United States Code, is transferred to the Administrator of 
the Pipeline and Hazardous Materials Safety Administration.
    (c) Conforming Amendments.--
            (1) Chapter analysis.--The analysis for chapter 1 of title 
        49, United States Code, is amended by striking the item 
        relating to section 108 and inserting the following:

``108. Pipeline and Hazardous Materials Safety Administration.''.
            (2) DOT inspectors.--Section 5118(b)(3)(A) of title 49, 
        United States Code, is amended by striking ``Research and 
        Special Programs Administration'' and inserting ``Pipeline and 
        Hazardous Materials Safety Administration''.
            (3) NTSB safety recommendations.--Section 19(a) of the 
        Pipeline Safety Improvement Act of 2002 (49 U.S.C 1135 note; 
        116 Stat. 3009) is amended by striking ``Research and Special 
        Program Administration'' and inserting ``Pipeline and Hazardous 
        Materials Safety Administration''.
            (4) National maritime enhancements institutes.--Section 
        8(f)(2) of Public Law 101-115 (46 U.S.C. App. 1121-2(f)(2)) is 
        amended by striking ``Research and Special Programs 
        Administration'' and inserting ``Research and Innovative 
        Technology Administration''.
            (5) Oil pollution research and development program.--
        Section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761) 
        is amended--
                    (A) in subsection (a)(3) by striking ``Research and 
                Special Projects Administration'' and inserting 
                ``Pipeline and Hazardous Materials Safety 
                Administration''; and
                    (B) in subsection (c)(11) by striking ``Research 
                and Special Programs Administration'' and inserting 
                ``Pipeline and Hazardous Materials Safety 
                Administration''.
            (6) Penalties.--Section 844(g)(2)(B) of title 18, United 
        State Code, is amended by striking ``Research and Special 
        Projects Administration'' and inserting ``Pipeline and 
        Hazardous Materials Safety Administration''.
    (d) Executive Schedule Pay Rate.--Section 5314 of title 5, United 
States Code, is amended by adding at the end the following:
            ``Administrator, Pipeline and Hazardous Materials Safety 
        Administration.''.

SEC. 3. BUREAU OF TRANSPORTATION STATISTICS.

    (a) Establishment.--Section 111(a) of title 49, United States Code, 
is amended by striking ``in the Department of Transportation'' and 
inserting ``in the Research and Innovative Technology Administration''.
    (b) Appointment of Director.--Section 111(b) of title 49, United 
States Code, is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Appointment.--The Bureau shall be headed by a 
        Director who shall be appointed in the competitive service by 
        the Secretary.''; and
            (2) by striking paragraphs (3) and (4).
    (c) Executive Schedule Pay Rate.--Section 5316 of title 5, United 
States Code, is amended by striking the undesignated paragraph relating 
to the Director, Bureau of Transportation Statistics.

SEC. 4. RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION.

    (a) In General.--Section 112 of title 49, United States Code, is 
amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec. 112. Research and Innovative Technology Administration'';
            (2) by striking subsection (a) and inserting the following:
    ``(a) Establishment.--The Research and Innovative Technology 
Administration shall be an administration in the Department of 
Transportation.'';
            (3) by striking subsection (d) and inserting the following:
    ``(d) Powers and Duties of the Administrator.--The Administrator 
shall carry out--
            ``(1) powers and duties prescribed by the Secretary for--
                    ``(A) coordination, facilitation, and review of the 
                Department's research and development programs and 
                activities;
                    ``(B) advancement, and research and development, of 
                innovative technologies, including intelligent 
                transportation systems;
                    ``(C) comprehensive transportation statistics 
                research, analysis, and reporting;
                    ``(D) education and training in transportation and 
                transportation-related fields; and
                    ``(E) activities of the Volpe National 
                Transportation Center; and
            ``(2) other powers and duties prescribed by the 
        Secretary.''; and
            (4) by striking subsection (e).
    (b) Clarification.--
            (1) In general.--Nothing in this Act shall grant any 
        authority to the Research and Innovative Technology 
        Administration over research and other programs, activities, 
        standards, or regulations administered by the Secretary of 
        Transportation through the National Highway Traffic Safety 
        Administration.
            (2) Applicability.--Paragraph (1) shall not apply to the 
        research and other programs, activities, standards, or 
        regulations provided for in highway and traffic safety 
        programs, administered by the Secretary through the National 
        Highway Traffic Safety Administration, in title 23, United 
        States Code, and chapter 303 of title 49, United States Code, 
        as in effect on the date of enactment of this Act.
    (c) Office of Intermodalism.--Section 5503(a) of title 49, United 
States Code, is amended to read as follows:
    ``(a) Establishment.--There is established in the Research and 
Innovative Technology Administration an Office of Intermodalism.''.
    (d) Transfer of Powers and Duties of Research and Special Programs 
Administration.--The authority of the Research and Special Programs 
Administration, other than authority exercised under chapters 51, 57, 
61, 601, and 603 of title 49, United States Code, is transferred to the 
Administrator of the Research and Innovative Technology Administration.
    (e) Conforming Amendment.--The analysis for chapter 1 of title 49, 
United States Code, is amended by striking the item relating to section 
112 and inserting the following:

``112. Research and Innovative Technology Administration.''.
    (f) Executive Schedule Pay Rate.--Section 5314 of title 5, United 
States Code, is amended by striking the undesignated paragraph relating 
to the Administrator, Research and Special Programs Administration and 
inserting the following:
            ``Administrator, Research and Innovative Technology 
        Administration.''.
    (g) Report.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Administrator of the Research and 
        Innovative Technology Administration shall submit to the 
        Committee on Transportation and Infrastructure and the 
        Committee on Science of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a report on the research activities of the Department of 
        Transportation.
            (2) Contents.--The report shall include--
                    (A) a summary of the mission and strategic goals of 
                the Administration;
                    (B) a prioritized list of the research and 
                development activities that the Department intends to 
                pursue over the next 5 years;
                    (C) a description of the primary purposes for 
                conducting such research and development activities, 
                such as reducing traffic congestion, improving 
                mobility, and promoting safety;
                    (D) an estimate of the funding levels needed to 
                implement such research and development activities for 
                the current fiscal year; and
                    (E) any additional information the Administrator 
                considers appropriate.
            (3) Development.--In developing the report, the 
        Administrator shall--
                    (A) solicit input from a wide range of 
                stakeholders;
                    (B) take into account how the research and 
                development activities of other Federal, State, private 
                sector, and not-for-profit institutions contribute to 
                the achievement of the purposes identified under 
                paragraph (2)(C); and
                    (C) address methods to avoid unnecessary 
                duplication of efforts in achieving such purposes.

SEC. 5. SAVINGS PROVISIONS.

    (a) Transfer of Assets and Personnel.--Personnel, property, and 
records employed, used, held, available, or to be made available in 
connection with functions transferred within the Department of 
Transportation by this Act shall be transferred for use in connection 
with the functions transferred, and unexpended balances of 
appropriations, allocations, and other funds (including funds of any 
predecessor entity) shall also be transferred accordingly.
    (b) Legal Documents.--All orders, determinations, rules, 
regulations, permits, grants, loans, contracts, settlements, 
agreements, certificates, licenses, and privileges--
            (1) that have been issued, made, granted, or allowed to 
        become effective by any officer or employee, or any other 
        Government official, or by a court of competent jurisdiction, 
        in the performance of any function that is transferred by this 
        Act; and
            (2) that are in effect on the effective date of such 
        transfer (or become effective after such date pursuant to their 
        terms as in effect on such effective date),
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the Department, any other authorized official, a court of competent 
jurisdiction, or operation of law.
    (c) Proceedings.--The provisions of this Act shall not affect any 
proceedings, including administrative enforcement actions, pending 
before this Act takes effect, insofar as those functions are 
transferred by this Act; but such proceedings, to the extent that they 
relate to functions so transferred, shall proceed in accordance with 
applicable law and regulations. Nothing in this subsection shall be 
deemed to prohibit the conclusion or modification of any proceeding 
described in this subsection under the same terms and conditions and to 
the same extent that such proceeding could have been concluded or 
modified if this Act had not been enacted. The Secretary of 
Transportation is authorized to provide for the orderly transfer of 
pending proceedings.
    (d) Suits.--
            (1) In general.--This Act shall not affect suits commenced 
        before the date of enactment of this Act, except as provided in 
        paragraphs (2) and (3). In all such suits, proceedings shall be 
        had, appeals taken, and judgments rendered in the same manner 
        and with the same effect as if this Act had not been enacted.
            (2) Suits by or against department.--Any suit by or against 
        the Department begun before the date of enactment of this Act, 
        shall proceed in accordance with applicable law and 
        regulations, insofar as it involves a function retained and 
        transferred under this Act.
            (3) Procedures for remanded cases.--If the court in a suit 
        described in paragraph (1) remands a case, subsequent 
        proceedings related to such case shall proceed under procedures 
        that are in accordance with applicable law and regulations as 
        in effect at the time of such subsequent proceedings.
    (e) Continuance of Actions Against Officers.--No suit, action, or 
other proceeding commenced by or against any officer in his or her 
official capacity shall abate by reason of the enactment of this Act.
    (f) Exercise of Authorities.--An officer or employee of the 
Department, for purposes of performing a function transferred by this 
Act, may exercise all authorities under any other provision of law that 
were available with respect to the performance of that function to the 
official responsible for the performance of the function immediately 
before the effective date of the transfer of the function by this Act.
    (g) References.--A reference relating to an agency, officer, or 
employee affected by this Act in any Federal law, Executive order, 
rule, regulation, or delegation of authority, or in any document 
pertaining to an officer or employee, is deemed to refer, as 
appropriate, to the agency, officer, or employee who succeeds to the 
functions transferred by this Act.
    (h) Definition.--In this section, the term ``this Act'' includes 
the amendments made by this Act.

SEC. 6. REPORTS.

    (a) Reports by the Inspector General.--Not later than 30 days after 
the date of enactment of this Act, the Inspector General of the 
Department of Transportation shall submit to the Secretary of 
Transportation and the Administrator of the Pipeline and Hazardous 
Materials Safety Administration a report containing the following:
            (1) A list of each statutory mandate regarding pipeline 
        safety or hazardous materials safety that has not been 
        implemented.
            (2) A list of each open safety recommendation made by the 
        National Transportation Safety Board or the Inspector General 
        regarding pipeline safety or hazardous materials safety.
    (b) Reports by the Secretary.--
            (1) Statutory mandates.--Not later than 90 days after the 
        date of enactment of this Act, and every 180 days thereafter 
        until each of the mandates referred to in subsection (a)(1) has 
        been implemented, the Secretary shall transmit to the Committee 
        on Transportation and Infrastructure and the Committee on 
        Energy and Commerce of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a report on the specific actions taken to implement such 
        mandates.
            (2) NTSB and inspector general recommendations.--Not later 
        than January 1st of each year, the Secretary shall transmit to 
        the Committee on Transportation and Infrastructure and the 
        Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report containing each 
        recommendation referred to in subsection (a)(2) and a copy of 
        the Department of Transportation response to each such 
        recommendation.

SEC. 7. DEADLINE FOR TRANSFERS.

    The Secretary shall provide for the orderly transfer of duties and 
powers under this Act, including the amendments made by this Act, as 
soon as practicable but not 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:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
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