[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

118 STAT. 2423

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. NOTE: Nov. 30,
2004 -  [H.R. 5163]

Be it enacted by the Senate and House of Representatives of the
United States of America in NOTE: Norman Y. Mineta Research and
Special Programs Improvement Act. Government organization. 49 USC 101
note. 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 ADMINISTRATION.

(a) In General.--Section 108 of title 49, United States Code, is
amended to read as follows:

``Sec. 108. Pipeline and Hazardous Materials Safety Administration

``(a) In General.--The NOTE: Establishment. 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 hazardous materials
transportation.
``(c) Administrator.--The NOTE: President. Congress. 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 prescribed 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--

[[Page 2424]]
118 STAT. 2424

``(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 Transportation
or another government entity only if specifically provided by law.''.
NOTE: 49 USC 108 note. (b) 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.

(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 Hazardous
Materials Safety Administration''.
(4) National maritime enhancements institutes.--Section
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
Technology Administration''.
(5) Oil pollution research and development program.--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
Special 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 Administration''.

[[Page 2425]]
118 STAT. 2425

(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 paragraph 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
following:

``Sec. 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
Department'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).

NOTE: 49 USC 112 note. (b) 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.

(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.''.

[[Page 2426]]
118 STAT. 2426

NOTE: 49 USC 112 note. (d) 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.

(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 paragraph 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 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. NOTE: 49 USC 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

[[Page 2427]]
118 STAT. 2427

appropriations, allocations, and other funds (including funds of any
predecessor entity) shall also be transferred accordingly.
(b) Legal Documents.--All orders, 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.

[[Page 2428]]
118 STAT. 2428

(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. NOTE: 49 USC 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. NOTE: 49 USC 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

[[Page 2429]]
118 STAT. 2429

this Act, as soon as practicable but not later than 90 days after the
date of enactment of this Act.

Approved November 30, 2004.

LEGISLATIVE HISTORY--H.R. 5163:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-749, Pt. 1 (Comm. on Transportation and
Infrastructure).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Oct. 6, considered and passed House.
Nov. 16, considered and passed Senate.