H.R. 5163House108th Congress (2003-2005)Enacted

Norman Y. Mineta Research and Special Programs Reorganization Act

Legislative Activity

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22 earlier actions

Became Law Latest Action

Became Public Law No: 108-426.

November 30, 2004

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HouseIntro Referral

Introduced in House

September 29, 2004

HouseIntro Referral

Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, and Science, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Transportation and Infrastructure Committee

September 29, 2004

HouseCommittee

Committee Consideration and Mark-up Session Held.

Transportation and Infrastructure Committee

September 29, 2004

HouseCommittee

Ordered to be Reported by Voice Vote.

Transportation and Infrastructure Committee

September 29, 2004

HouseCommittee

Referred to the Subcommittee on Commerce, Trade and Consumer Protection, for a period to be subsequently determined by the Chairman.

Commerce, Manufacturing, and Trade Subcommittee

September 30, 2004

HouseCommittee

Reported by the Committee on Transportation. H. Rept. 108-749, Part I.

Transportation and Infrastructure Committee

October 6, 2004

HouseIntro Referral

House Committee on Energy and Commerce Granted an extension for further consideration ending not later than Oct. 6, 2004.

Energy and Commerce Committee

October 6, 2004

HouseIntro Referral

House Committee on Science Granted an extension for further consideration ending not later than Oct. 6, 2004.

Science, Space, and Technology Committee

October 6, 2004

HouseCommittee

Committee on Energy and Commerce discharged.

Energy and Commerce Committee

October 6, 2004

HouseCommittee

Committee on Science discharged.

Science, Space, and Technology Committee

October 6, 2004

HouseCalendars

Placed on the Union Calendar, Calendar No. 466.

October 6, 2004

HouseFloor

Mr. LaTourette moved to suspend the rules and pass the bill, as amended.

October 7, 2004 • 1:00 AM

HouseFloor

Considered under suspension of the rules. (consideration: CR H8340-8344)

October 7, 2004 • 1:00 AM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 5163.

October 7, 2004 • 1:00 AM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H8340-8342)

October 7, 2004 • 1:05 AM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H8340-8342)

October 7, 2004 • 1:05 AM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

October 7, 2004 • 1:05 AM

SenateIntro Referral

Received in the Senate, read twice.

October 7, 2004

SenateFloor

Passed Senate without amendment by Unanimous Consent. (consideration: CR S11390)

November 16, 2004

SenateFloor

Message on Senate action sent to the House.

November 16, 2004

President

Presented to President.

November 19, 2004

Became Law

Signed by President.

November 30, 2004

Became Law

Became Public Law No: 108-426.

November 30, 2004

Floor Debate

8 members

What members said about H.R. 5163 on the floor

4 Republicans3 Democrats1 Independent

Rep. James L. OberstarD-MN-8 · Oct 6, 2004

Mr. Speaker, I rise in strong support of H.R. 5163, the Norman Y. Mineta Research and Special Programs Improvement Act. I believe this bill is appropriately named--as my good friend, Norm Mineta, has…

Last year, the Department of Transportation (DOT) approached the Transportation Committee with a proposal to reorganize the DOT. The proposal was, first, to abolish the Research and Special Programs Administration (RSPA) and reinvent it as the Research and Technology Innovation Administration, and then to transfer the pipeline program, which is housed under RSPA, to the Federal Railroad Administration. That proposal raised serious concerns that pipeline safety would not get adequate attention in an agency focused solely on railroads. The Committee, on a bipartisan basis, directed the DOT to go back to the drawing board, and they have now come back to us with a much better proposal. This bill will restructure the Research and Special Programs Administration by splitting its functions into two separate, more- focused agencies within the Department of Transportation: the new Research and Innovative Technology Administration (RITA) and the new Pipeline and Hazardous Materials Safety Administration (PHMSA).

Mr. Speaker, I've had 20 years experience with the Office of Pipeline Safety (OPS), and I believe that this Act is a good ``first step'' toward helping the Department raise pipeline and hazardous materials safety to the level of significance they deserve, and need.

Our nation's pipeline system consists of more than two million miles of pipe moving millions of gallons of hazardous liquids and more than 55 billion cubic feet of natural gas daily. Although moving commodities such as crude oil, diesel fuel, gasoline, and natural gas through pipelines may be safer than moving the same commodities on other transportation modes, pipeline incidents can have catastrophic consequences, such as the deadly explosions in Bellingham, Washington, and Carlsbad, New Mexico, in which a total of 15 people were killed.

This past June, DOT Inspector General Kenneth Mead released an audit report that found severe deficiencies in the government's pipeline safety program. The Inspector General found: Of the 31 mandates from legislation enacted in 1992 and 1996, six mandates have yet to be implemented, and all of these are over eight years past due. For example, two such mandates, which are a decade overdue, require defining ``natural gas and hazardous liquid gathering lines'' in order to determine which lines can and should be regulated. Separately, seven NTSB safety recommendations remain open, two of which were identified in an Inspector General report issued in March 2000. This is unacceptable, and it is my hope that this bill will set OPS on a path toward finalizing all mandated and recommendations in a timely fashion, while ensuring that the agency is working effectively to promote safety as its highest priority.

To accomplish this, we included safeguards in this bill, which are modeled after the safety functions of the Federal Aviation Administration and the Federal Motor Carrier Safety Administration. First, we require PHMSA to consider the assignment and maintenance of safety as the highest priority. Second, we require PHMSA to hire a Chief Safety Officer who will help keep the agency focused on its new safety mission. Third, we require the Inspector General to transmit to the Secretary of Transportation and to Congress periodic reports on the progress PHMSA has or has not made on implementing the outstanding statutory mandates and recommendations.

Pipeline security must also receive more focused attention. The Department of Transportation and the Department of Homeland Security have just finalized a Memorandum of Understanding that seeks to improve the Departments' cooperation and coordination in promoting the safe, secure, and efficient movement of people and goods throughout our vast transportation network. However, no such agreement exists to specifically address the unique challenge of securing our Nation's pipelines. The Committee report therefore directs the Departments of Transportation and Homeland Security and the Departments of Transportation and Energy to execute separate Memorandums of Understanding governing the roles, responsibilities, and resources of the Departments in addressing pipeline and hazardous materials transportation security.

With respect to hazardous materials transportation, from 1994 to 2003 (the most recent information available), more than 157,000 hazardous materials incidents and accidents have occurred. These accidents have accounted for more than 220 deaths, 3,500 injuries, and well over $500 million in damages. Yet responsibility for the hazardous materials transportation safety has bounced around the Department and is now buried deep within RSPA. Unless the office has a higher profile within the Department and the federal hazmat program itself is significantly improved, there will surely be more deaths and injuries.

We have included long-needed improvements to federal hazmat law in H.R. 3550 and I support enactment of those provisions through the comprehensive surface transportation reauthorization bill. But for now, let us begin the strengthening of our hazmat laws with the creation of this new Administration and a renewed focus on pipeline and hazardous materials safety.

Furthermore, this bill creates a new Administration to focus on DOT's research and development activities: the Research and Innovative Technology Administration. By creating a separate Administration to manage these important activities, this bill goes a long way to move transportation research forward and to ensure that federal dollars are invested in research and innovative technologies that help address our Nation's pressing transportation needs.

This bill also places the Bureau of Transportation Statistics and the Office of Intermodalism within RITA. I championed the creation of the Office of Intermodalism. Yet, regrettably, since its creation it has not fulfilled its original mission. This bill will help give the Office new direction, and help contribute and perhaps improve upon DOT's intermodal programs and activities.

I'd like to thank Secretary Mineta for spearheading this reform, an thank him for his continued commitment to transportation safety. I support this bill, and I urge all Members vote for it.

Rep. Jerry F. CostelloD-IL-12 · Oct 6, 2004

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in strong support of H.R. 5163, the Norman Y. Mineta Research and Special Programs Improvement Act. This bill will achieve…

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise in strong support of H.R. 5163, the Norman Y. Mineta Research and Special Programs Improvement Act. This bill will achieve long overdue improvements in the U.S. Transportation Department's handling of pipeline and hazardous materials transportation safety programs and DOT's transportation research programs. Under this bill, the department would reorganize the current Research and Special Programs Administration into two administrations: the Pipeline and Hazardous Material Safety Administration and the Research and Innovative Technology Administration.

Creating this agency will elevate the profile of pipeline transportation and hazardous materials transportation within the department. Importantly, the bill declares that safety will be the highest priority of the Pipeline and Hazardous Material Safety Administration and creates a position of chief safety officer within the PHMSA.

We know from experience that accidents in the pipeline or hazardous materials transportation can be devastating. In 1999 and in 2000, two separate pipeline accidents occurred, resulting in the deaths of 15 people. Additionally, over the past 10 years, accidents involving hazardous materials have accounted for more than 220 deaths, 3,500 injuries, and well over $500 million in damage.

Mr. Speaker, this bill is a direct response to these tragic incidents, and the creation of this administration is an important first step to ensure the safety of pipeline and hazardous materials transportation is at the forefront of DOT's regulation and supervision of these activities.

This bill also creates a new research administration that will better focus DOT's transportation research activities and helps ensure that Federal dollars are invested in research and innovative technologies that help address our Nation's most pressing transportation problems.

The Research and Innovative Technology Administration will help coordinate and facilitate the department's research activities. This bill transfers the department's Bureau of Transportation Statistics and Office of Intermodalism to RITA.

Finally, Mr. Speaker, this bill is appropriately named after Secretary of Transportation Norm Mineta. Throughout his service as the chairman of the Committee on Transportation and Infrastructure in this body and his service as Secretary of Transportation for the Nation, Norm Mineta has devoted himself to the betterment of our Nation's transportation system. This bill does just that, and I urge Members to support it.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, we have no further speakers, and I yield back the balance of my time.

Rep. Steven C. LaTouretteR-OH-14 · Oct 6, 2004

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5163) to amend title 49, United States Code, to provide the Department of Transportation a more focused research organization with an…

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, the Norman Y. Mineta Research and Special Programs Improvement Act Reorganizes the current Research and Special Programs Administration to two new administrations: the Research and Innovative Technologies Administration, and the Pipeline and Hazardous Materials Safety Administration.

The new Research and Innovative Technologies Administration will have the research authority currently exercised by the Research and Special Programs Administration. This includes the coordination, facilitation, and review of the department's research and development programs and activities; the advancement of innovative technologies and intelligent transportation systems; and any other research authority that the Secretary deems appropriate.

The new Pipeline and Hazardous Material Safety Administration will hold the authority currently exercised by the Research and Special Programs Administration with regard to pipeline safety and will also include all current law hazardous materials authority exercised by the Office of Hazardous Materials.

As the caption of the bill indicates, Mr. Speaker, I would say that, when I was first elected in 1995, Norm Mineta was the ranking Democrat on the Committee on Transportation and Infrastructure. I found him to be, and he continues to be a wonderful, was a wonderful Member of Congress, a true leader in transportation. He is now, of course, the current Secretary of the Department of Transportation, and I can think of no more fitting honor than to name this new administration in his honor. I urge all of our colleagues to pass the bill.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield myself such time as I may consume.

At this point I will insert into the Record an exchange of letters between the chairman of our full committee, the gentleman from Alaska (Mr. Young) and the gentleman from Virginia (Mr. Tom Davis) regarding

Mr. Speaker, I urge passage of the bill, and I yield back the balance of my time.

Rep. Vernon J. EhlersR-MI-3 · Oct 6, 2004

Mr. Speaker, I rise today in strong support of H.R. 5163, the Norman Y. Mineta Research and Special Programs Improvement Act. The goal of this legislation is to align and strengthen the planning of…

As chairman of the Environment, Technology, and Standards Subcommittee of the Science Committee, I have spent the past two years examining surface transportation research programs and identifying ways to improve the coordination, planning and implementation of this important research. I developed a comprehensive bill to achieve these goals, most of which was included in the House version of the larger transportation reauthorization bill. Unfortunately, we have not yet been able to reconcile our differences with the Senate to pass the larger bill.

However, I am pleased that Secretary Mineta had the personal vision and commitment to seek to reorganize the Department to begin efforts to reform and strengthen research programs. Mr. Mineta, in addition to being Secretary of Transportation (and previously Secretary of Commerce), was a leader on transportation issues in the House of Representatives for 20 years. Specifically, he has always made sure that research played a strong role in developing transportation policy and programs. This legislation is a perfect example of his commitment to that goal.

This bill is a good first step in reforming and strengthening research at the Department of Transportation. The chief responsibility of the new Administration created by this bill, the Research and Innovative Technology Administration, is to coordinate research across the Department. This is to ensure that we are getting the maximum out of our research dollars by funding research that contributes directly towards the goals of the transportation system and is not unnecessarily duplicative of other research efforts. But we have much to do to improve research at the Department, and I look forward to completing the job early next year as we pass the larger reauthorization bill.

Mr. Speaker, I want to thank Chairman Young and his staff for working with me and my staff to incorporate our views into this legislation. I urge my colleagues to support the Norman Y. Mineta Research and Special Programs Improvement Act.

Sen. James M. JeffordsI-VT · Nov 16, 2004

Mr. President, H.R. 5163, the Norman Mineta Research and Special Programs Improvement Act, will be considered by the Senate today. I support H.R. 5163 and look forward to its enactment into law. H.R.…

Mr. President, H.R. 5163, the Norman Mineta Research and Special Programs Improvement Act, will be considered by the Senate today. I support H.R. 5163 and look forward to its enactment into law.

H.R. 5163 will realign the current Research and Special Programs Administration, creating two new entities; the Pipeline and Hazardous Materials Safety Administration and the Research and Innovative Technologies Administration. Each new entity will be led by an Administrator.

Section 2 of the bill provides a new Section 108 of Title 49, creating the new Pipeline and Hazardous Materials Safety Administration. In 108(c), the bill creates the Administrator position, as follows:

the Administrator who shall be appointed by the President, by

and with advice and consent of the Senate, and shall be an

individual with professional experience in pipeline safety,

hazardous materials safety, or other transportation safety .

. .

By spelling out qualifications for its new Administrator, Congress is seeking to enhance the prospects for success for the new Pipeline and Hazardous Materials Safety Administration.

The new Research and Innovative Technologies Administration is created by amending Section 112 of title 49, eliminating reference to the Research and Special Programs Administration and modifying its powers and duties. Aside from adding the position to the Executive Schedule Pay Rate, H.R. 5163 does not address the new Administrator, Research and Innovative Technologies Administration.

As with the Pipeline and Hazardous Materials Safety Administration, success of the Research and Innovative Technologies Administration will rest to a significant degree on the effectiveness of its leadership. Its Administrator should be well qualified. He or she should be an individual with professional experience in transportation research, research management, research program development, education and training in transportation and transportation-related fields and in transferring technologies into real world applications.

I hope that the President will apply these qualifications when selecting a candidate for Administrator, Research and Innovative Technologies Administration.

Show 4 more

Rep. Don YoungR-AK · Oct 11, 2004

Mr. Speaker, I submit the following two letters for the Record. The Hon. Don Young, Chairman, Committee on Transportation and Infrastructure, House of Representatives, Rayburn House Office Building,…

Mr. Speaker, I submit the following two letters for the Record.

The Hon. Don Young,

Chairman, Committee on Transportation and Infrastructure,

House of Representatives, Rayburn House Office Building,

Washington, DC

Dear Chairman Young: I am writing with regard to H.R. 5163,

the Norman Y. Mineta Research and Special Programs

Reorganization Act, which was ordered reported by the

Committee on Transportation and Infrastructure on September

29, 2004. As you know, the Energy and Commerce Committee

received a named additional referral upon introduction.

I understand that you will include an amendment when the

bill goes to the floor. The intent of new section 4(b) is to

clarify that nothing in H.R. 5163 alters the jurisdiction of

the Committee on Energy and Commerce over the National

Highway Traffic Safety Administration (NHTSA). Specifically,

section (b)(1) and (2) states that 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

through the National Highway Traffic Safety Administration,

but does not include those provisions within the jurisdiction

of the Committee on Transportation and Infrastructure.

Accordingly I will waive the Committee's consideration of

this legislation. By agreeing to waive its consideration of

the bill, however, the Energy and Commerce Committee does not

waive its jurisdiction over H.R. 5163. In addition, the

Energy and Commerce Committee reserves its right to seek

conferees on any provisions of the bill that are within its

jurisdiction during any House-Senate conference that may be

convened on this legislation. I ask for your commitment to

support any request by the Energy and Commerce Committee for

conferees on H.R. 5163 or similar legislation.

I request that you include this letter and your response in

the Congressional Record during consideration of the

legislation on the House floor. Thank you for your attention

to these matters.

Sincerely,

Joe Barton,

Chairman.

Rep. John D. DingellD-MI-15 · Oct 6, 2004

Mr. Speaker, I support H.R. 5163, the ``Norman Y. Mineta Research and Special Programs Reorganization Act.'' I thank my good friend Secretary Mineta for his leadership on this issue, and I thank…

Sen. William H. FristR-TN · Nov 16, 2004

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of H.R. 5163. Mr. President, I ask unanimous consent that the bill be read a third time, passed, and the…

Rep. Steven C. LaTouretteR-OH-14 · Oct 6, 2004

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 4470, H.R. 4794, H.R. 5163, and

Bill Text

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Enrolled BillPublication date not provided

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5163 Enrolled Bill (ENR)]

H.R.5163

One Hundred Eighth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four

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 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 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 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--
``(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.''.
(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''.
(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).
(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.''.
(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. 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, 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. 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. 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.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.