NORMAN Y. MINETA RESEARCH AND SPECIAL PROGRAMS IMPROVEMENT ACT
NORMAN Y. MINETA RESEARCH & SPECIAL PROGRAMS IMP. ACT
Public Law 108–426, as amended
NORMAN Y. MINETA RESEARCH AND SPECIAL PROGRAMS IMPROVEMENT ACT
426
110–244
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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Norman Y. Mineta Research and Special Programs Improvement Act
5386
108
2004-11-30
NORMAN Y. MINETA RESEARCH AND SPECIAL PROGRAMS IMPROVEMENT ACT
[Public Law 108–426, enacted November 30, 2004]
[As Amended Through P.L. 110–244, Enacted June 6, 2008]
[Currency: This publication is a compilation of the text of Public Law 108–426. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1.
[49 U.S.C. 101 note]

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) * * *
(b)
[49 U.S.C. 108 note]

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.
* * * * * * *
SEC. 4.

RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION.
(a) * * *
(b)
[49 U.S.C. 112 note]

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.
* * * * * * *
(d)
[49 U.S.C. 112 note]

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.
* * * * * * *
(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.
[49 U.S.C. 108 note]

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 (including delegations by the Secretary of Transportation), 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.
[49 U.S.C. 108 note]

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.
[49 U.S.C. 108 note]

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.