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Sections 9 (d) and (e) would authorize the Seeretary to arrange for participation of military personnel in carrying out his functions. Members of the Armed Forces could be assigned to the Secretary pursuant to cooperative agreements between the Secretary of Transportation and the military departments. These provisions are similar to existing provisions applicable to the Federal Aviation Agency. Members of the Armed Forces so detailed would not be charged against statutory limitations on grades or strengths applicable to the military departments, and appointment would be in no way affect the status of the military personnel so assigned. Persons so assigned would not be subject to the direction or control of the Armed Forces with respect to the responsibilities exercised by such persons in the Department of Transportation. The Secretary would be required to report annually to the Congress on personnel appointed under subsection (d).

Section 9(f) would authorize the Secretary to delegate his functions and to issue appropriate rules and regulations.

Sections 9 (g), (h), and (i) would transfer to the Secretary all personnel, assets, liabilities, and appropriations which relate to the functions transferred by the act. The Director of the Bureau of the Budget would have the authority to implement these transfers. Personnel transferred would be protected against reduction in classification and compensation for a period of 1 year. It is expected that most of the personnel would be assigned responsibilities in the new department comparable to those they presently perform, thus minimizing the likelihood of grade reduction. Personnel transferred, of course, would retain whatever rights and benefits to which they are presently entitled under applicable laws.

Section 9(j) would lapse the Office of the Under Secretary of Commerce for Transportation, the Maritime Administration, the Bureau of Public Roads, the Great Lakes Pilotage Administration, and the Federal Aviation Agency. The Coast Guard would not be lapsed. Any person holding a position in any such agency compensated under the Federal Executive Salary Schedule who, without a break in service, is appointed to a position having duties comparable to those he presently performs, would continue to be compensated at not less than the rate of his present position for the duration of his service in such position.

Section 9(k) would authorize the Secretary to establish a working capital fund, similar to those in other departments, for operating various common administrative services in the Department such as supply, messenger, mail, telephone, space, library, and reproduction services. Details are set forth in the bill.

Section 9(1) directs the Secretary to adopt a Department seal and provides for judicial notice of the seal.

CONFORMING AMENDMENTS TO OTHER LAWS

Section 10(a) would place the Secretary of Transportation in the line of succession to the Office of President of the United States.

Sections 10 (b) and (c) are technical provisions which would extend to the new department the provisions of title IV of the Revised

Statues, except to the extent inconsistent with the bill. These provisions deal with such matters as departmental vacancies, regulations, duties of clerks, details, and employment of personnel, oaths, subpenas, and witness fees.

Section 10 (d) amends section 303 of the Federal Executive Salary Act of 1964 by placing the Secretary of Housing and Urban Development and the Secretary of Transportation in level I of the Federal Executive Salary Schedule; by deleting the Under Secretary of Commerce for Transportation and inserting the Under Secretary of Transportation at level III; by adding four Assistant Secretaries of the Department of Transportation and a General Counsel of the Department of Transportation at level IV; and by adding an Assistant Secretary for Administration of the Department of Transportation and the Chairman of the National Transportation Safety Board at level V. The section also authorizes the President to place one position in level III and a total of nine additional positions in level IV and level V of the Executive Salary Schedule.

Section 10(e) removes from the Federal Executive Salary Schedule, subject to the provisions of section 9 of the Department of Transportation Act, reference to the Administrator of the Federal Aviation Agency; Deputy Administrator, FAA; the Associate Administrator for Administration, FAA; the Associate Administrator for Development, FAA; the Associate Administrator for Programs, FAA; the General Counsel, FAA; the Federal Highway Administrator; and the Maritime Administrator.

Section 10(f) amends the act which makes the vessel operation revolving fund available to pay activation and deactivation cost of ships chartered out by the Secretary of Commerce so as to make it applicable to ships chartered out by the Secretary of Transportation.

Section 10 (g) amends the act which prescribes a criminal penalty for false representations relating to highway projects submitted to the Secretary of Commerce so as to make it applicable to such projects submitted to the Secretary of Transportation.

Section 10 (h) implements the provision of section 6(b) (3) of this

act.

ANNUAL REPORT

Section 11 provides for an annual report.

SAVINGS PROVISIONS

Sections 12 (a), (b), (c) and (d) provide that orders, regulations, and the like, issued and in effect on the effective data of this section, by any department or agency, functions of which are transferred by this act, shall continue in effect until modified or changed by the Secretary or other legal authority; that proceedings before agencies at the effective date of the section shall continue before the new Department; that court proceedings shall not be affected by this and including provision for appropriate substitution of successor parties; and that references in Federal laws, with respect to functions transferred by this act, would be deemed to mean the Secretary of Transportation.

SEPARABILITY

Section 13 provides a standard separability clause.

CODIFICATION

Section 14 would direct the Secretary to submit to the Congress within 2 years from the effective date of the act, a codification of all laws. transferred to the Secretary by this act.

EFFECTIVE DATE

Section 15 would authorize the President to nominate and appoint the Presidentially appointed officers provided for in sections 3 and 5 of the bill, as provided in those sections, at any time after the date of enactment of this bill. All other provisions of the bill would take effect 90 days after the Secretary first takes office, or on such prior date after enactment as the President prescribes in the Federal Register. Provision is made for compensation of appointed officers and related expenses of their offices, from funds available for the functions to be transferred to the Department under the bill.

5. TECHNICAL ADDENDUM TO SECTION-BY-SECTION SUMMARY

1. All citations in the bill, of course, are intended to refer to the most recent version of the law cited, including all amendments.

2. Language identifying the subject matter being transferred is included in section 6 of the bill. Such language is intended merely for identification and, unless otherwise clear in the bill, is not intended to limit the transfer of the entire act or section of an act which is the subject of the transfer.

3. All citations in the bill are to the original Statutes at Large citation, except where the United States Code is positive law. The following cross reference to citations in the United States Code is supplied for convenience:

Section 4(1): the Administrative Expense Act of 1946 (60 Stat. 808) (5 U.S.C. 73b-2).

Section 5(e): the Federal Executive Salary Act of 1964 (78 Stat. 416) (5 U.S.C. 2211); the Classification Act of 1949 (63 Stat. 954) (5 U.S.C. 1071). Section 5(h): section 701 (g) of the Federal Aviation Act of 1958 (72 Stat. 782) (49 U.S.C. 1441(g)).

Section 6(a): The Federal-Aid Highway Act of 1962 (76 Stat. 1145) (no applicable code citation); the act of July 14, 1960 (74 Stat. 526) as amended by the act of October 4, 1961 (75 Stat. 779) (no applicable code citation); the FederalAid Highway Act of 1954 (68 Stat. 70) as amended by the act of October 13, 1964 (78 Stat. 1092) (no applicable code citation); the Highway Revenue Act of 1956 (70 Stat. 387) as amended by the act of September 3, 1964 (78 Stat. 897) (no applicable code citation); the Highway Beautification Act of 1965 (79 Stat. 1028) (no code citation as to secs. 302-305 and 401-403 of the act); the Alaska Omnibus Act (73 Stat. 141) (no applicable code citation); Senate Joint Resolution 81 (79 Stat. 578) (no applicable code citation); section 525 (c) of the General Bridge Act of 1946 (60 Stat. 847) (33 U.S.C. 525 (c)); the act of July 26, 1956 (70 Stat. 669) (no applicable code citation); the act of December 21, 1944 (58 Stat. 846) (no applicable code citation); the act of April 12, 1941 (55 Stat. 140) (no applicable code citation); the act of April 27, 1962 (76 Stat. 59) (no applicable code citation); the act of September 30, 1965 (79 Stat. 893) (49 U.S.C. 1631, et seq.); the Urban Mass Transportation Act of 1964 (78 Stat. 302) (49 U.S.C.

1601, et seq.); the act of September 7, 1957 (71 Stat. 629) (49 U.S.C. 1429 nt); section 410 of the Federal Aviation Act of 1958 (72 Stat. 769) (49 U.S.C. 1380); title XIII, war risk insurance, of the Federal Aviation Act of 1958 (72 Stat. 800) (49 U.S.C. 1531, et seq.); the Great Lakes Pilotage Act of 1960 (74 Stat. 259) (46 U.S.C. 216, et seq.); the Merchant Marine Act, 1920 (41 Stat. 988) (46 U.S.C. 861, et seq.); the Merchant Marine Act, 1928 (45 Stat. 689) (46 U.S.C. 891, et. seq.); the Merchant Marine Act, 1936 (49 Stat. 1985) (46 U.S.C. 1101. et. seq.); the Shipping Act, 1916 (39 Stat. 728) (46 U.S.C. 801, et. seq.); the Merchant Ship Sales Act of 1946 (60 Stat. 41) (50 App. U.S.C. 1735, et. seq.); the Maritime Academy Act of 1958 (72 Stat. 622) (46 U.S.C. 1381, et. seq.); the act of June 12, 1940 (54 Stat. 346) (46 U.S.C. 1331, et seq.); the act of June 12, 1940 (54 Stat. 346) (46 U.S.C. 1331, et seq.); the act of August 30, 1964 (78 Stat. 614) (46 U.S.C. 1401, et seq.); the act of September 14, 1961 (75 Stat. 514) (46 U.S.C. 1126b-1); the act of June 13, 1957 (71 Stat. 73) (46 U.S.C. 1177a); the act of June 12, 1951 (65 Stat. 59) (46 U.S.C. 1241a); the act of July 24, 1956 (70 Stat. 605) (46 U.S.C. 249, et. seq.); the act of August 9. 1954 (68 Stat. 675) (50 U.S.C. 196, et. seq.); Reorganization Plan No. 21 of 1950 (64 Stat. 1273) (5 U.S.C. 133z-15 nt and 46 U.S.C. 1111 nt); Reorganization Plan No. 7 of 1949 (63 Stat. 1070) (5 U.S.C. 133z-15 nt); the act of August 1, 1947 (61 Stat. 715) (5 U.S.C. 1161).

Section 6(d): titles VI (72 Stat. 776) (49 U.S.C. 602(b)) and VII (72 Stat. 781) (49 U.S.C. 1441, et seq.) of the Federal Aviation Act of 1958.

Section 6(e): the act of March 2, 1893, (27 Stat. 531) (45 U.S.C. 1. et seq.) as amended by the act of August 14, 1957 (71 Stat. 352) (45 U.S.C. 6, 13); the act of March 2, 1903 (32 Stat. 943) (45 U.S.C. 8-10) as amended by the act of April 11, 1958 (72 Stat. 86) (45 U.S.C. 9), and the act of April 14, 1910 (36 Stat. 298) (45 U.S.C. 11-16), as amended by the act of August 14, 1957 (71 Stat. 352) (45 U.S.C. 6, 13); the act of May 30, 1908 (35 Stat. 476) (45 U.S.C. 17-21); the act of February 17, 1911 (36 Stat. 913) (45 U.S.C. 22–29); the act of March 4, 1915 (38 Stat. 1192) (45 U.S.C. 30); the act of June 26, 1918 (40 Stat. 616) (45 U.S.C. 24-26); the act of June 7, 1924 (43 Stat. 659) (45 U.S.C. 22-27); the act of June 27, 1930 (46 Stat. 822) (45 U.S.C. 24); the act of April 22, 1940 (54) Stat. 148) (45 U.S.C. 24-34); the act of May 27, 1947 (61 Stat. 120) (45 U.S.C. 24 nt, 26); the act of June 25, 1948 (62 Stat. 909) (45 U.S.C. 34); the act of October 28, 1949 (63 Stat. 972) (45 U.S.C. 24); the act of August 14, 1957 (71 Stat. 352) (45 U.S.C. 34); Reorganization Plan No. 3 of 1965 (79 Stat. 1320) (5 U.S.C. 133z-15 nt and 45 U.S.C. 22 nt); the resolution of June 30, 1906 (34 Stat. 838) (45 U.S.C. 35); the act of May 27, 1908 (35 Stat. 325) (45 U.S.C. 36–37); the act of March 4, 1909 (35 Stat. 965) (45 U.S.C. 37); the act of May 6, 1910 (36 Stat. 350) (45 U.S.C. 38-43); the act of September 13, 1960 (74 Stat. 903) (45 U.S.C. 38); the act of March 4, 1907 (34 Stat. 1415) (45 U.S.C. 61-64); the act of May 4, 1916 (39 Stat. 61) (45 U.S.C. 63); the act of June 25, 1948 (62 Stat. 909) (45 U.S.C. 34); the act of August 14, 1957 (71 Stat. 352) (45 U.S.C. 63); the act of February 23, 1905 (33 Stat. 743) (49 U.S.C. 1201-1203); the act of June 13, 1957 (71 Stat. 69) (49 U.S.C. 1201-1203); the act of March 19, 1918 (40) Stat. 450) (15 U.S.C. 261-265); the act of March 4, 1921 (41 Stat. 1446) (15 U.S.C. 265); the act of March 3, 1923 (42 Stat. 1434) (15 U.S.C. 264); the act of June 24, 1948 (62 Stat. 646 (15 U.S.C. 264); the following sections of the Interstate Commerce Act: 1(10) (49 U.S.C. 1(10)), 1(11) (49 U.S.C. 1(11)), 1(12) (49 U.S.C. 1(12)), 1(13) (49 U.S.C. 1(13)), 1(14)(a) (49 U.S.C. 1(14) (a)), 1(15) 49 U.S.C. 1(15)), 1(16) (49 U.S.C. 1(16)), 1(17) (49 U.S.C. 1(17)), 6(8), (49 U.S.C. 6(8)), 15(4), (49 U.S.C. 15(4)), 15(10) (49 U.S.C. 15(10)), 420 (49 U.S.C. 1020), 25 (49 U.S.C. 26), 222 (49 U.S.C. 325), 1(21) (49 U.S.C. 1(21)), 204 (a) (1) and (2) (49 U.S.C. 304(a) (1) and (2)), 204(a) (3), (3a), and (5) (49 U.S.C. 304 (a)(3), (3a) and (5)), 1(6) (49 U.S.C. 1(6)), 206 (49 U.S.C. 306), 207 (49 U.S.C. 307), 209 (49 U.S.C. 309), 210a (49 U.S.C. 310a), 212 (49 U.S.C. 312), and 216 (49 U.S.C. 316).

Section 6(f): section 7 of the River and Harbor Act of March 4, 1915 (38 Stat. 1053) (33 U.S.C. 471); the act of April 22, 1940 (54 Stat. 150) (33 U.S.C. 180, 258); section 5 of the act of August 18, 1894 (28 Stat. 362) (33 U.S.C. 499) ; the act of June 21, 1940 (54 Stat. 497) (33 U.S.C. 511-524); section 4 of the act of March 23, 1906 (34 Stat. 85) (33 U.S.C. 494); section 503 of the General Bridge Act (60 Stat. 847) (33 U.S.C. 526); section 17 of the act of June 10, 1930 (46 Stat. 552) (33 U.S.C. 498a); the act of June 27, 1930 (46 Stat. 821) (33 U.S.C.

498b); the act of August 21, 1935 (49 Stat. 670) (33 U.S.C. 503–507); the Oil Pollution Act, 1961, (75 Stat. 402) (33 U.S.C. 1001, et seq.); section 9 of the act of March 3, 1899 (30 Stat. 1151) (33 U.S.C. 401); the act of March 23, 1906 (34) Stat. 84) (33 U.S.C. 491-498); the General Bridge Act (60 Stat. 847) (33 U.S.C. 525-539).

Section 8(a): section 406(b) of the Federal Aviation Act of 1958 (72 Stat. 763) (49 U.S.C. 1376(b)).

Section 8(b): section 201 of the Appalachian Regional Development Act (79 Stat. 10) (40 App. U.S.C. 201).

Section 8(c); section 206 (c) of the Appalachian Regional Development Act (79 Stat. 15) (40 App. U.S.C. 206 (c)).

Section 8(d): Sections 12 (49 U.S.C. 12), 13(1) (49 U.S.C. 13(1)), 13(2) (49 U.S.C. 13(2)), 20 (49 U.S.C. 20), 204(a) (49 U.S.C. 304 (a)), 204 (c) (49 U.S.C. 304 (c)), 205(d) (49 U.S.C. 305(d)), 205 (f) (49 U.S.C. 305(f)), 220 (49 U.S.C. 320), 222 (49 U.S.C. 322) of the Interstate Commerce Act.

Section 8(e): Section 212 (a) of the Interstate Commerce Act (49 Stat. 555) (49 U.S.C. 312(a)).

Section 8(f): Section 13(b) of the Fair Labor Standards Act of 1938 (52 Stat. 1067) (29 U.S.C. 213(b)).

Section 8(g): Section 18(1) of the Interstate Commerce Act (27 Stat. 386) (49 U.S.C. 18(1)).

Section 8(h): Section 3 of the Federal Explosives Act (40 Stat. 385) (50 U.S.C. 123).

Section 9(b): Section 505 of the Classification Act of 1949 (63 Stat. 959) (5 U.S.C. 1105(b)).

Section 9(c): Section 15 of the act of August 2, 1946 (60 Stat. 810) (5 U.S.C. 55a).

Section 10(c): Section 303 of the Federal Executive Salary Act of 1964 (78 Stat. 416) (5 U.S.C. 2211).

Section 10(e): Subsections (b) (7), (d)(2), and (e) (12), (13), (14), (76), (82), and (89) of section 303 of the Federal Executive Salary Act of 1964 (78 Stat. 416) (5 U.S.C. 2211).

Section 10(f): The act of August 1, 1956 (70 Stat. 897) (46 U.S.C. 1241c).

6. THE DEPARTMENT OF TRANSPORTATION

The draft Department of Transportation bill transfers to the Department the following agencies and functions (sec. 6):

Federal Aviation Agency,

Bureau of Public Roads,
Maritime Administration,
Coast Guard,

Office of Under Secretary of Commerce for Transportation,

Great Lakes Pilotage Administration,

Rail and motor carrier safety functions of the ICC,

Car service functions of the ICC,

Safety functions of the CAB,

Bridge and toll functions of the Corps of Engineers.

In addition, the President will, by Executive order, transfer to the Secretary responsibility for:

St. Lawrence Seaway Development Corporation,

Alaska Railroad.

The bill does not:

Change existing relationships with the regulatory agencies, except for safety,

Affect the Corps of Engineers, except for a small number of minor functions,

Change existing functions in the urban transportation area.

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