I
104TH CONGRESS
1ST SESSION
H. R. 1440
To amend title 49, United States Code, to simplify and improve the
organization of the Department of Transportation, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 6, 1995
Mr. MINETA (by request) introduced the following bill; which was referred to
the Committee on Transportation and Infrastructure
A BILL
To amend title 49, United States Code, to simplify and
improve the organization of the Department of Transpor-
tation, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Department of Trans-
portation Reorganization Act of 1995’’.
SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms
of an amendment to, or a repeal of, a section or other
provision, the reference shall be considered to be made to
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a section or other provision of title 49, United States
Code.
SEC. 3. ORGANIZATION OF THE DEPARTMENT.
Subsection (e) of section 102 (Department of Trans-
portation) is amended by striking the word ‘‘four’’ in the
first sentence and substituting ‘‘five’’, and by striking the
second sentence.
SEC. 4. ESTABLISHMENT OF INTERMODAL TRANSPOR-
TATION ADMINISTRATION.
(a) Section 110 (Saint Lawrence Seaway Develop-
ment Corporation) is repealed and the following is sub-
stituted:
‘‘§ 110. Intermodal Transportation Administration
‘‘(a) The Intermodal Transportation Administration
is an administration in the Department of Transportation.
‘‘(b)(1) The head of the Administration is the Admin-
istrator, who is appointed by the President, by and with
the advice and consent of the Senate. The Administrator
reports directly to the Secretary of Transportation.
‘‘(2) The Administration has a Deputy Adminis-
trator, who is appointed by the President, by and with
the advice and consent of the Senate. The Deputy Admin-
istrator shall carry out duties and powers prescribed by
the Administrator.
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‘‘(c) Effective October 1, 1996, or at an earlier date
specified by the Secretary, which earlier date shall not be
before October 1, 1995, the Administrator shall carry
out—
‘‘(1) duties and powers vested in the Secretary
by title 23, United States Code (Highways);
‘‘(2) duties and powers related to motor carrier
safety vested in the Secretary by chapter 5 of this
title (Special Authority);
‘‘(3) subtitle III of this title (General and Inter-
modal Programs);
‘‘(4) subtitle V of this title (Rail Programs),
chapter 261 of this title, and section 4(t) of Public
Law 103–272;
‘‘(5) subtitle VI of this title (Motor Vehicle and
Driver Programs);
‘‘(6) subtitle VIII of this title (Pipelines);
‘‘(7) duties administered on the effective date of
the ‘Department of Transportation Reorganization
Act of 1995’ by the Maritime Administration;
‘‘(8) all bridge-related functions prescribed in
sections 401, 406, and 491–535i of title 33, United
States Code;
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‘‘(9) duties and responsibilities of the Office of
Intermodalism specified by subsection (d) of this
section; and
‘‘(10) additional duties and powers prescribed
by the Secretary.
‘‘(d) OFFICE OF INTERMODALISM.—(1) There is es-
tablished within the Administration an Office of
Intermodalism, which shall carry out on behalf of the Ad-
ministrator the responsibilities of the Secretary described
in section 301(3) of this title.
‘‘(2) The Office shall develop, maintain, and dissemi-
nate intermodal transportation data through the Bureau
of Transportation Statistics, and shall coordinate the col-
lection of data for the data base with the States and met-
ropolitan planning organizations. The data base shall in-
clude—
‘‘(A) information on the volume of goods and
number of people carried in intermodal transpor-
tation by relevant classification;
‘‘(B) information on patterns of movement of
goods and people carried in intermodal transpor-
tation by relevant classification in terms of origin
and destination; and
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‘‘(C) information on public and private invest-
ment in intermodal transportation facilities and
services.
The Office shall make information from the data base
available to the public.
‘‘(3) The Office shall be responsible for coordinating
Federal research on intermodal transportation in accord-
ance with the plan developed pursuant to section 6009(b)
of the Intermodal Surface Transportation Efficiency Act
of 1991 and for carrying out additional research needs
identified by the Office.
‘‘(4) The Office shall provide technical assistance to
States and to metropolitan planning organizations for
urban areas having a population of 1,000,000 or more in
collecting data relating to intermodal transportation in
order to facilitate the collection of such data by such
States and metropolitan planning organizations.’’.
(b) Section 1 of the Act of May 13, 1954, Public Law
358 (33 U.S.C. 981), as amended, is amended to read as
follows:
‘‘(a) There is hereby created a body corporate to be
known as the Saint Lawrence Seaway Development Cor-
poration (hereinafter referred to as the ‘Corporation’).
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‘‘(b) The Secretary of Transportation may delegate
his or her authority to the Administrator as the Secretary
deems appropriate or as directed by law.’’.
(c) Section 5002 of Public Law 102–240 (Intermodal
Surface Transportation Efficiency Act of 1991) (105 Stat.
2158; Dec. 18, 1991) is repealed and reserved.
(d) Section 3 of the Ports and Waterways Safety Act,
as amended (33 U.S.C. 1222) is amended in paragraph
(2), after ‘‘operating,’’ by inserting ‘‘, except for those ac-
tions concerning the prevention of damage to, or destruc-
tion of, bridges under section 1225(a)(1) of this title, in
which case ‘Secretary’ means the Secretary of the Depart-
ment of Transportation.’’.
(e) The item in the analysis of Chapter 1 of title 49
for section 110 is amended to read as follows:
‘‘110. Intermodal Transportation Administration.’’.
SEC. 5. COMMERCIAL SPACE TRANSPORTATION.
Paragraph (g)(1) of section 106 (Federal Aviation
Administration) is amended by—
(1) striking ‘‘and’’ from the end of paragraph
(A);
(2) redesignating paragraph (B) as paragraph
(C); and
(3) adding a new paragraph (B) to read as fol-
lows:
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‘‘(B) Subtitle IX (Commercial Space
Transportation); and’’.
SEC. 6. REPEAL OF EXISTING MODAL STRUCTURE.
(a) Title 49, United States Code, is amended by—
(1) repealing section 103 (Federal Railroad Ad-
ministration), 104 (Federal Highway Administra-
tion), 105 (National Highway Traffic Safety Admin-
istration), 107 (Federal Transit Administration),
109 (Maritime Administration), and 112 (Research
and Special Programs Administration);
(2) redesignating section 111 (Bureau of
Transportation Statistics) as section 103;
(3) redesignating section 108 (Coast Guard) as
section 104; and
(4) redesignating section 110, as amended by
this Act (Intermodal Transportation Administra-
tion), as section 105.
(b) The amendments made by this section are effec-
tive October 1, 1996. Concurrent with these amendments,
the analysis of Chapter 1 of title 49 is revised accordingly.
SEC. 7. COOPERATIVE AGREEMENTS; REIMBURSEMENT OF
EXPENSES.
(a) Title 49, United States Code, is amended by the
addition of the following immediately following section
333:
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‘‘§ 334. Cooperative agreements
‘‘Subject to the provisions of the Federal Property
and Administrative Services Act of 1949, as amended (40
U.S.C. 471, et seq.) with regard to leases, and the Steven-
son-Wydler Technology Innovation Act of 1980, as amend-
ed, with regard to cooperative research and development
agreements, the Secretary of Transportation may make,
enter into, and perform such contracts, grants, leases, co-
operative agreements, cooperative research and develop-
ment agreements, and other similar transactions with
Federal or other public agencies (including State and local
governments), nonprofit organizations, and private organi-
zations and persons, and make such payments, by way of
advance or reimbursement, as the Secretary may deter-
mine to be necessary or appropriate to carry out the func-
tions of the Department. Authority to enter into contracts
or to make payments under this section shall be effective
only as provided for in appropriations Acts.
‘‘§ 335. Reimbursement of expenses relating to pro-
moting transportation technology
‘‘In order to undertake international trips related to
promoting international trade in United States goods and
services, the Secretary of Transportation may accept reim-
bursement for costs attributable to the participation of
non-Federal individuals incurred by the Department for
such trips from non-Federal sources, including inter-
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national organizations, foreign governments, and private
individuals, firms, and associations. Reimbursement may
be in the form of funds or property. Funds collected by
the Secretary, including the proceeds from sales of prop-
erty received, shall be credited to the appropriation ac-
count that incurred the costs and shall be available for
the purposes of that appropriation. Where more than one
account is involved, the funds will be credited to the appro-
priation accounts in proportion to the costs incurred.’’.
(b) The analysis of chapter 3 of title 49, United
States Code, is revised by—
(1) striking the item referring to sections 334
and 335; and
(2) inserting the following immediately follow-
ing item 333:
‘‘Sec. 334. Cooperative agreements.
‘‘Sec. 335. Reimbursement of expenses relating to promoting transportation
technology.’’.
SEC. 8. REPORTS ELIMINATION AND MODIFICATION.
(a) REPORT ON DEEPWATER PORT ACT OF 1974.—
Section 20 of the Deepwater Port Act of 1974 (33 U.S.C.
1519) is repealed.
(b) REPORT ON COAST GUARD LOGISTICS CAPABILI-
TIES CRITICAL
TO MISSION PERFORMANCE.—Sections
5(a)(2) and 5(b) of the Coast Guard Authorization Act
of 1988 (10 U.S.C. 2304 note) are repealed.
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(c) REPORT
ON RAILROAD USER FEES.—Section
20115 of title 49, United States Code (User fees), is
amended by striking subsection (d) and redesignating sub-
section (e) as subsection (d).
(d) REPORT ON APPLIED RESEARCH AND TECH-
NOLOGY
PROGRAM.—Section 307(e)(11) of title 23,
United States Code, is repealed.
(e) REPORT ON HIGHWAY SAFETY IMPROVEMENT
PROGRAMS (REPORT
ON HAZARD ELIMINATION PRO-
GRAM).—Section 152(g) of title 23, United States Code,
is amended by striking the last 3 sentences.
(f) REPORT ON HIGHWAY SAFETY PERFORMANCE
(FATAL AND INJURY ACCIDENT RATES ON PUBLIC ROADS
IN THE UNITED STATES).—Section 207 of the Highway
Safety Act of 1982 (23 U.S.C. 401 note) is repealed.
(g) REPORTS TO CONGRESS ON THE ADMINISTRA-
TION OF CHAPTER 301 (MOTOR VEHICLE SAFETY) AND
ON THE IMPORTED VEHICLE SAFETY COMPLIANCE ACT
OF 1988.—Section 30169 of title 49, United States Code,
is repealed.
(h) REPORT ON RAILROAD-HIGHWAY DEMONSTRA-
TION PROJECTS.—Section 163(o) of the Federal-Aid
Highway Act of 1973 (23 U.S.C. 130 note) is repealed.
(i) REPORT ON UNIFORM RELOCATION ACT AMEND-
MENTS OF 1987.—Section 103(b)(2) of the Uniform Relo-
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cation Assistance and Real Property Acquisition Policies
Act of 1970, as amended (42 U.S.C. 4604(b)(2)), is re-
pealed.
(j) REPORT
ON
RAILROAD
FINANCIAL
ASSIST-
ANCE.—Section 308(d) of title 49, United States Code,
is repealed.
(k) REPORT ON USE OF ADVANCED TECHNOLOGY BY
THE AUTOMOBILE INDUSTRY.—Section 305 of the Auto-
motive Propulsion Research and Development Act of 1978
(15 U.S.C. 2704) is amended by striking the last sentence.
(l) REPORT ON OBLIGATIONS.—Subsection (b) of sec-
tion 5335 of title 49, United States Code, is repealed, and
subsections (c) and (d) are redesignated as subsections (b)
and (c).
(m) REPORT ON SUSPENDED LIGHT RAIL SYSTEM
TECHNOLOGY PILOT PROJECT.—Section 5320(k) of title
49, United States Code, is repealed.
(n) REPORTS ON PIPELINES ON FEDERAL LANDS.—
Section 28(w)(4) of the Mineral Leasing Act (30 U.S.C.
185(w)(4)) is repealed.
(o) REPORTS ON NATURAL GAS AND HAZARDOUS
LIQUID PIPELINE SAFETY.—Section 60124 of title 49,
United States Code, is repealed, and section 60125 is re-
designated as section 60124.
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(p) REPORT ON JOINT FEDERAL AND STATE MOTOR
FUEL TAX COMPLIANCE PROJECT.—Section 1040(d)(1)
of the Intermodal Surface Transportation Efficiency Act
of 1991 (23 U.S.C. 101 note) is amended by striking
‘‘September 30 and’’.
(q) REPORT ON PUBLIC TRANSPORTATION.—Section
308(e)(1) of title 49, United States Code, is amended by—
(1) striking ‘‘January of each even-numbered
year’’ and inserting ‘‘March 1995, and March of
each odd-numbered year thereafter’’; and
(2) inserting the following sentence at the end
of the text: ‘‘The Secretary may combine this report
with the report required by 23 U.S.C. 307(h) for
submission to Congress as a single report.’’.
(r) 
REPORT
ON
NATION’S
HIGHWAYS
AND
BRIDGES.—Section 307(h) of title 23, United States
Code, is amended by—
(1) striking ‘‘January 1983, and in January of
every second year thereafter’’ and inserting ‘‘March
1995, and March of each odd-numbered year there-
after’’; and
(2) inserting the following sentence at the end
of the text: ‘‘The Secretary may combine this report
with the report required by 49 U.S.C. 308(e) for
submission to Congress as a single report.’’.
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(s) Section 7207(c)(4) of the Anti-Drug Abuse Act
of 1988 (Public Law 100–690; 102 Stat. 4428) is
amended—
(1) by striking out ‘‘GAO’’; and
(2) by striking out ‘‘the Comptroller General’’
and inserting in lieu thereof ‘‘the Department of
Transportation Inspector General’’.
(t) REPORT ON MARINE PLASTIC POLLUTION RE-
SEARCH AND CONTROL ACT OF 1987.—Section 2201(a)
of the Marine Plastic Pollution Research and Control Act
of 1987 (33 U.S.C. 1902 note) is amended by striking
‘‘biennially’’ and inserting ‘‘triennially’’.
(u) REPORT
TO CONGRESS
ON BUMPER STAND-
ARDS.—Section 32510 of title 49, United States Code, is
repealed, and section 32511 is redesignated as section
32110.
(v) REPORT TO CONGRESS ON THE ADMINISTRATION
OF THE HIGHWAY SAFETY ACT OF 1966.—Section 401
note of title 23, United States Code, directing the Sec-
retary to prepare and submit an annual report on the Ad-
ministration of the Highway Safety Act of 1966, is re-
pealed.
(w) REPORT
ON OVERWEIGHT VEHICLES—PEN-
ALTIES
AND PERMITS.—Section 123 of the Surface
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Transportation Assistance Act (STAA) of 1978 (Pub. L.
95–599, 92 Stat. 2698, 2701) is repealed.
(x) ASSURED TIMETABLE FOR PROJECTS IN ALTER-
NATIVES
ANALYSIS, PRELIMINARY
ENGINEERING
OR
FINAL DESIGN STATES.—Section 5328(b)(3) of title 49,
United States Code, is repealed.
(y) AIR TRAFFIC CONTROLLER STAFFING STAND-
ARDS.—Section 44506(d) of title 49, United States Code,
is repealed.
(z) ANNUAL AVIATION SECURITY REPORT.—Section
44938 of title 49, United States Code, is amended by—
(1) striking the word ‘‘annually’’ and inserting
the word ‘‘biennially’’ in the first sentence of sub-
section (b); and
(2) striking subsection (c).
(aa) 
NOISE
COMPLIANCE
REPORT.—Section
47528(d) of title 49, United States Code, is amended by
striking the word ‘‘annual’’ in the catchline and in para-
graph (2) and inserting the word ‘‘biennial’’.
(bb) REPORT ON IMPLEMENTATION OF ENVIRON-
MENTAL COMPLIANCE AND RESTORATION PROGRAM.—
Section 693 of title 14, United States Code, is repealed
and reserved.
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(cc) REPORT OF COAST GUARD USER FEES.—Sec-
tion 664 of title 14, United States Code, is amended by
striking subsection (c).
(dd) COAST GUARD MILITARY RETIREMENT SYSTEM
REPORT.—The Coast Guard shall not be required to sub-
mit an annual report required by section 9503 of title 31,
United States Code, with respect to its military retirement
system.
SEC. 9. ADJUSTMENT OF EXECUTIVE LEVEL POSITIONS.
(a) ADJUSTMENT OF EXECUTIVE LEVEL II COM-
PENSATION SCHEDULES.—The listing of positions at
Level II of the Executive Schedule (5 U.S.C. 5313) is
amended by addition of the following entry:
‘‘Administrator, Intermodal Transportation Ad-
ministration’’.
(b) ADJUSTMENT OF EXECUTIVE LEVEL IV COM-
PENSATION SCHEDULES.—The listing of positions at
Level IV of the Executive Schedule (5 U.S.C. 5315) is
amended by addition of the following entry:
‘‘Deputy Administrator, Intermodal Transpor-
tation Administration’’.
SEC. 10. SAVINGS PROVISION.
(a) CONTINUED EFFECTIVENESS OF DIRECTIVES.—
All orders, determinations, rules, regulations, permits,
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contracts, leases, certificates, licenses, agreements for real
and personal property, and privileges that—
(1) have been issued, made, granted, or allowed
to become effective by the President of the United
States, the Secretary, an Administrator, any Federal
agency or official thereof, or by a court of competent
jurisdiction, in the performance of functions which
are transferred by this Act; and
(2) are final on October 1, 1996, shall remain
in effect (or come into effect) according to their
terms until modified, terminated, superseded, set
aside, or revoked in accordance with law by the
President of the United States, the Secretary or his
or here designee, a court of competent jurisdiction,
or by operation of law.
(b) CONTINUED EFFECTIVENESS OF PENDING AC-
TIONS.—(1) The provisions of this Act shall not affect any
proceedings, including notices of proposed rulemaking, or
any application for any license, permit, certificate, or fi-
nancial assistance pending on October 1, 1996, before the
Department of Transportation, including any element or
any officer thereof, with respect to functions transferred
by this Act; but such proceedings or applications, to the
extent that they relate to functions transferred, shall be
continued in accord with transition regulations promul-
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gated under the authority of this section. Orders issued
in any such proceedings shall continue in effect until modi-
fied, terminated, superseded, or revoked by the Depart-
ment or a succeeding Administration, by a court of com-
petent jurisdiction, or by operation of law. Nothing in this
subsection prohibits the discontinuance or modification of
any such proceeding under the same terms and conditions
and to the same extent that such proceeding could have
been discontinued or modified if this Act had not been en-
acted.
(2) The Secretary, an Administrator, and the Com-
mandant are authorized to issue transition regulations
providing for the orderly transfer of proceedings and oth-
erwise to accomplish the orderly transfer of functions, per-
sonnel and property under this Act.
(c) CONTINUED EFFECTIVENESS OF JUDICIAL AC-
TIONS.—No cause of action by or against the Department
of Transportation or an element of the Department with
respect to functions transferred by this Act, or by or
against any officer thereof in the official’s capacity, shall
abate by reason of the enactment of this Act. Causes of
action and actions with respect to a function or office
transferred by this Act, or other proceedings may be as-
serted by or against the United States or an official of
the Department or a successor Administrator, as may be
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appropriate, and, in an action pending on October 1,
1996, the court may at any time, on its own motion or
that of any party, enter an order which will give effect
to the provisions of this subsection.
(d) SUBSTITUTION OR ADDITION OF PARTIES TO JU-
DICIAL ACTION.—If, on October 1, 1996, the Department
of Transportation or an affected element, or any officer
thereof in the official’s capacity, is a party to an action,
and under this Act any function relating to the action of
such Department, element, or officer is transferred to an-
other entity, then such action shall be continued with the
appropriate officer substituted or added as a party.
(e) CONTINUED
JURISDICTION
OVER
ACTIONS
TRANSFERRED.—Orders and actions of a successor entity
in the exercise of functions transferred by this Act shall
be subject to judicial review to the same extent and in
the same manner as if such orders and actions had been
by the Department of Transportation or an element, or
any office or officer thereof, in the exercise of such func-
tions immediately preceding their transfer.
(f) CONTINUATION
OF
THE MARITIME SUBSIDY
BOARD.—Upon completion of the transfer of Maritime
Administration functions to the Intermodal Transpor-
tation Administration, or as the Secretary may otherwise
direct, the Maritime Subsidy Board, composed of the Mar-
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itime Administrator, Deputy Maritime Administrator, and
Chief Counsel of the Maritime Administration, shall con-
tinue under the terms and conditions of the existing dele-
gation.
SEC. 11. REFERENCE.
With respect to any functions transferred by this Act
and exercised after October 1, 1996, reference in any fed-
eral law, executive order, or regulation to the Federal Rail-
road Administration, Federal Highway Administration,
National Highway Traffic Safety Administration, Federal
Transit Administration, Maritime Administration, or Re-
search and Special Programs Administration, or to any
officer or office of such entities, shall be considered to
refer to the Intermodal Transportation Administration or
its respective officers or offices, as appropriate.
SEC. 12. SEPARABILITY.
If a provision of this Act or its application to any
person or circumstance is held invalid, neither the remain-
der of this Act nor the application of the provision to other
persons or circumstances shall be affected.
SEC. 13. EFFECTIVE DATE.
Except as otherwise specified, the provisions of this
Act are effective October 1, 1995.
Æ
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