SEC. 5. SAVINGS PROVISIONS. 
(a) TRANSFER OF ASSETS AND PERSONNEL.—Per-
sonnel, property, and records employed, used, held, avail-
able, 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 ap-
propriations, allocations, and other funds (including funds 
of any predecessor entity) shall also be transferred accord-
ingly. 
(b) LEGAL DOCUMENTS.—All orders, determinations, 
rules, regulations, permits, grants, loans, contracts, settle-
ments, agreements, certificates, licenses, and privileges—
(1) that have been issued, made, granted, or al-
lowed 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modified, terminated, superseded, set aside, or revoked in 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 author-
ized official, a court of competent jurisdiction, or operation 
of law. 
(c) PROCEEDINGS.—The provisions of this Act shall 
not affect any proceedings, including administrative en-
forcement actions, pending before this Act takes effect, in-
sofar as those functions are transferred by this Act; but 
such proceedings, to the extent that they relate to func-
tions so transferred, shall proceed in accordance with ap-
plicable 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 Transpor-
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 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.
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 
the Department of Transportation a more fo-
cused research organization with an emphasis on 
innovative technology, and for other purposes. 
OCTOBER 6, 2004
Reported from the Committee on Transportation and 
Infrastructure 
Referral to the Committees on Energy and Commerce 
and Science extended for a period ending not later 
than 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