Norman Y. Mineta Research and Special Programs Reorganization Act
PL 108-426 (H.R.5163), enacted 11/30/2004

118 STAT. 2423
PUBLIC LAW 108–426—NOV. 30, 2004
Public Law 108–426
108th Congress
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 ADMINISTRA-
TION.
(a) IN GENERAL.—Section 108 of title 49, United States Code,
is amended to read as follows:
‘‘§ 108. Pipeline and Hazardous Materials Safety Administra-
tion
‘‘(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 haz-
ardous 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 pre-
scribed 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—
President.
Congress.
Establishment.
Norman Y.
Mineta Research
and Special
Programs
Improvement
Act.
Government
organization.
49 USC 101 note.
Nov. 30, 2004
[H.R. 5163]
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118 STAT. 2424
PUBLIC LAW 108–426—NOV. 30, 2004
‘‘(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 Transpor-
tation or another government entity only if specifically provided
by law.’’.
(b) TRANSFER OF DUTIES AND POWERS OF RESEARCH AND SPE-
CIAL 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 Haz-
ardous Materials Safety Administration’’.
(4) NATIONAL MARITIME ENHANCEMENTS INSTITUTES.—Sec-
tion 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 Tech-
nology Administration’’.
(5) OIL
POLLUTION
RESEARCH
AND
DEVELOPMENT
PRO-
GRAM.—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 Spe-
cial 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 Adminis-
tration’’.
49 USC 108 note.
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118 STAT. 2425
PUBLIC LAW 108–426—NOV. 30, 2004
(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 para-
graph 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 fol-
lowing:
‘‘§ 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 Depart-
ment’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 Adminis-
tration 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 regula-
tions 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.’’.
49 USC 112 note.
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118 STAT. 2426
PUBLIC LAW 108–426—NOV. 30, 2004
(d) TRANSFER OF POWERS AND DUTIES OF RESEARCH AND SPE-
CIAL PROGRAMS ADMINISTRATION.—The authority of the Research
and Special Programs Administration, other than authority exer-
cised 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 para-
graph 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 Com-
mittee 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 imple-
ment such research and development activities for the cur-
rent fiscal year; and
(E) any additional information the Administrator con-
siders appropriate.
(3) DEVELOPMENT.—In developing the report, the Adminis-
trator shall—
(A) solicit input from a wide range of stakeholders;
(B) take into account how the research and develop-
ment 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 connec-
tion with the functions transferred, and unexpended balances of
49 USC 108 note.
49 USC 112 note.
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118 STAT. 2427
PUBLIC LAW 108–426—NOV. 30, 2004
appropriations, allocations, and other funds (including funds of
any predecessor entity) shall also be transferred accordingly.
(b) LEGAL DOCUMENTS.—All orders, determinations, rules, regu-
lations, 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 accord-
ance 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.
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118 STAT. 2428
PUBLIC LAW 108–426—NOV. 30, 2004
(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 docu-
ment 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 Haz-
ardous 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 imple-
mented.
(2) A list of each open safety recommendation made by
the National Transportation Safety Board or the Inspector Gen-
eral 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 Com-
mittee on Energy and Commerce of the House of Representa-
tives and the Committee on Commerce, Science, and Transpor-
tation 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 Infrastruc-
ture 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
49 USC 108 note.
49 USC 108 note.
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118 STAT. 2429
PUBLIC LAW 108–426—NOV. 30, 2004
LEGISLATIVE HISTORY—H.R. 5163:
HOUSE REPORTS: No. 108–749, Pt. 1 (Comm. on Transportation and Infrastruc-
ture).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Oct. 6, considered and passed House.
Nov. 16, considered and passed Senate.
this Act, as soon as practicable but not later than 90 days after
the date of enactment of this Act.
Approved November 30, 2004.
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