tation 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, ap-
peals 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 ac-
cordance 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) re-
mands 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
OFFI-
CERS.—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 em-
ployee of the Department, for purposes of performing a
function transferred by this Act, may exercise all authori-
ties 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 im-
mediately before the effective date of the transfer of the
function by this Act.
(g) REFERENCES.—A reference relating to an agen-
cy, officer, or employee affected by this Act in any Federal
law, Executive order, rule, regulation, or delegation of au-
thority, or in any document pertaining to an officer or em-
ployee, is deemed to refer, as appropriate, to the agency,
officer, or employee who succeeds to the functions trans-
ferred 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 Transpor-
tation shall submit to the Secretary of Transportation and
the Administrator of the Pipeline and Hazardous Mate-
rials Safety Administration a report containing the fol-
lowing:
(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 imple-
mented, the Secretary shall transmit to the Com-
mittee 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
REC-
OMMENDATIONS.—Not later than January 1st of
each year, the Secretary shall transmit to the Com-
mittee 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 sub-
section (a)(2) and a copy of the Department of
Transportation response to each such recommenda-
tion.
SEC. 7. DEADLINE FOR TRANSFERS.
The Secretary shall provide for the orderly transfer
of duties and powers under this Act, including the amend-
ments 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 (leg-
islative day, October 6), 2004.
Attest:
Clerk.