HR 1440 IH
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
April 6, 1995
Mr. MINETA (by request) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
To amend title 49, United States Code, to simplify and improve the organization of the Department of Transportation, 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 ‘Department of Transportation 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 a section or other provision of title 49, United States Code.
SEC. 3. ORGANIZATION OF THE DEPARTMENT.
- Subsection (e) of section 102 (Department of Transportation) 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 TRANSPORTATION ADMINISTRATION.
- (a) Section 110 (Saint Lawrence Seaway Development Corporation) is repealed and the following is substituted:
‘Sec. 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 Administrator, 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 Administrator, who is appointed by the President, by and with the advice and consent of the Senate. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.
‘(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 Intermodal 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;
‘(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 established within the Administration an Office of Intermodalism, which shall carry out on behalf of the Administrator the responsibilities of the Secretary described in section 301(3) of this title.
‘(2) The Office shall develop, maintain, and disseminate intermodal transportation data through the Bureau of Transportation Statistics, and shall coordinate the collection of data for the data base with the States and metropolitan planning organizations. The data base shall include--
‘(A) information on the volume of goods and number of people carried in intermodal transportation by relevant classification;
‘(B) information on patterns of movement of goods and people carried in intermodal transportation by relevant classification in terms of origin and destination; and
‘(C) information on public and private investment 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 accordance 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 Corporation (hereinafter referred to as the ‘Corporation’).
‘(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 actions concerning the prevention of damage to, or destruction of, bridges under section 1225(a)(1) of this title, in which case ‘Secretary’ means the Secretary of the Department 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 follows:
‘(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 Administration), 104 (Federal Highway Administration), 105 (National Highway Traffic Safety Administration), 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 Administration), as section 105.
- (b) The amendments made by this section are effective 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:
‘Sec. 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 Stevenson-Wydler Technology Innovation Act of 1980, as amended, with regard to cooperative research and development agreements, the Secretary of Transportation may make, enter into, and perform such contracts, grants, leases, cooperative agreements, cooperative research and development agreements, and other similar transactions with Federal or other public agencies (including State and local governments), nonprofit organizations, and private organizations and persons, and make such payments, by way of advance or reimbursement, as the Secretary may determine to be necessary or appropriate to carry out the functions 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.
‘Sec. 335. Reimbursement of expenses relating to promoting 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 reimbursement for costs attributable to the participation of non-Federal individuals incurred by the Department for such trips from non-Federal sources, including international 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 property received, shall be credited to the appropriation account 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 appropriation 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 following 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 CAPABILITIES 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.
- (c) REPORT ON RAILROAD USER FEES- Section 20115 of title 49, United States Code (User fees), is amended by striking subsection (d) and redesignating subsection (e) as subsection (d).
- (d) REPORT ON APPLIED RESEARCH AND TECHNOLOGY PROGRAM- Section 307(e)(11) of title 23, United States Code, is repealed.
- (e) REPORT ON HIGHWAY SAFETY IMPROVEMENT PROGRAMS (REPORT ON HAZARD ELIMINATION PROGRAM)- 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 ADMINISTRATION 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 DEMONSTRATION 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 AMENDMENTS OF 1987- Section 103(b)(2) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4604(b)(2)), is repealed.
- (j) REPORT ON RAILROAD FINANCIAL ASSISTANCE- 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 Automotive 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 section 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 redesignated as section 60124.
- (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 thereafter’; 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.’.
- (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 RESEARCH 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 STANDARDS- 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 Secretary to prepare and submit an annual report on the Administration of the Highway Safety Act of 1966, is repealed.
- (w) REPORT ON OVERWEIGHT VEHICLES--PENALTIES AND PERMITS- Section 123 of the Surface Transportation Assistance Act (STAA) of 1978 (Pub. L. 95-599, 92 Stat. 2698, 2701) is repealed.
- (x) ASSURED TIMETABLE FOR PROJECTS IN ALTERNATIVES ANALYSIS, PRELIMINARY ENGINEERING OR FINAL DESIGN STATES- Section 5328(b)(3) of title 49, United States Code, is repealed.
- (y) AIR TRAFFIC CONTROLLER STAFFING STANDARDS- 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 subsection (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 paragraph (2) and inserting the word ‘biennial’.
- (bb) REPORT ON IMPLEMENTATION OF ENVIRONMENTAL COMPLIANCE AND RESTORATION PROGRAM- Section 693 of title 14, United States Code, is repealed and reserved.
- (cc) REPORT OF COAST GUARD USER FEES- Section 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 submit 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 COMPENSATION 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 Administration’.
- (b) ADJUSTMENT OF EXECUTIVE LEVEL IV COMPENSATION 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 Transportation Administration’.
SEC. 10. SAVINGS PROVISION.
- (a) CONTINUED EFFECTIVENESS OF DIRECTIVES- All orders, determinations, rules, regulations, permits, 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 ACTIONS- (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 financial 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 promulgated under the authority of this section. Orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Department or a succeeding Administration, by a court of competent 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 enacted.
- (2) The Secretary, an Administrator, and the Commandant are authorized to issue transition regulations providing for the orderly transfer of proceedings and otherwise to accomplish the orderly transfer of functions, personnel and property under this Act.
- (c) CONTINUED EFFECTIVENESS OF JUDICIAL ACTIONS- 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 asserted by or against the United States or an official of the Department or a successor Administrator, as may be 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 JUDICIAL 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 another 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 functions immediately preceding their transfer.
- (f) CONTINUATION OF THE MARITIME SUBSIDY BOARD- Upon completion of the transfer of Maritime Administration functions to the Intermodal Transportation Administration, or as the Secretary may otherwise direct, the Maritime Subsidy Board, composed of the Maritime Administrator, Deputy Maritime Administrator, and Chief Counsel of the Maritime Administration, shall continue under the terms and conditions of the existing delegation.
SEC. 11. REFERENCE.
- With respect to any functions transferred by this Act and exercised after October 1, 1996, reference in any federal law, executive order, or regulation to the Federal Railroad Administration, Federal Highway Administration, National Highway Traffic Safety Administration, Federal Transit Administration, Maritime Administration, or Research 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 remainder 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.