(d) Applicability of block grant provisions; limitations

(1) The provisions of subsections (e), (f), (g), (h), (i), (m), and (n) of section 1607a of this Appendix shall apply to grants made under this section.

(2)(A) Grants under this section shall be made for the purposes described in subsection (j) of section 1607a of this Appendix, except that such grants may not be used for payment of operating expenses.

(B) The Federal grant for any project under this section shall not exceed 80 per centum of the net project cost of such project.

(3) The provisions of subsection (o) of section 1607a of this Appendix shall apply to grants made under this section, except that amounts remaining unobligated at the end of the 3-year period shall be added to the amount available under section 1602 of this Appendix for the succeeding fiscal year.

(Pub. L. 88-365, § 9A, as added Pub. L. 97-424, title III, § 303(a), Jan. 6, 1983, 96 Stat. 2147.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1617 of this Appendix.

§ 1607b. Grants for managerial, technical and professional training programs; basis of selection for fellowships; amount of fellowship

The Secretary is authorized to make grants to States, local public bodies, and agencies thereof (and operators of public transportation services) to provide fellowships for training of personnel employed in managerial, technical, and professional positions in the public transportation field. Fellowships shall be for not more than one year of training in public or private training institutions offering programs having application in the public transportation industry. The recipient of a fellowship under this section shall be selected by the grantee on the basis of demonstrated ability and for the contribution which the recipient can be reasonably expected to make to an efficient public transportation operation. The assistance under this section toward each fellowship shall not exceed the lesser of $24,000 or 75 per centum of the sum of (1) tuition and other charges to the fellowship recipient, (2) any additional costs incurred by the training institution in connection with the fellowship and billed to the grantee, and (3) the regular salary of the fellowship recipient for the period of the fellowship (to the extent that salary is actually paid or reimbursed by the grantee).

(Pub. L. 88-365, § 10, as added Pub. L. 89-562, § 2(a)(2), Sept. 8, 1966, 80 Stat. 716, and amended Pub. L. 95-599, title III, § 306, Nov. 6, 1978, 92 Stat. 2744.)

PRIOR PROVISIONS

A prior section 10 of Pub. L. 88-365 was renumbered section 13 by Pub. L. 89-562, § 2(a)(1), Sept. 8, 1966, 80 Stat. 715 and is classified to section 1609 of this Appendix.

AMENDMENTS

1978-Pub. L. 95-599 expanded existing provision, formerly designated as subsec. (a), to include grants to operators of public transportation services, allow

training in the public transportation field instead of only the urban mass transportation field, permit study at for-profit instead of only nonprofit institutions, allowing unlimited numbers of scholarships instead of only one hundred per year, and raising the amount of the grant by substituting "the lesser of $24,000 or 75 per centum" for "$12,000, nor 75 per centum", and struck out subsecs. (b) and (c).

TRANSFER OF FUNCTIONS

Transfer to the Secretary of Transportation of functions of the Department of Housing and Urban Development and of the Secretary of Housing and Urban Development under this chapter, except the authority to make grants for or undertake projects or activities under sections 1605(a), 1607a, and 1607c of this Appendix as primarily concern the relationship of urban transportation systems to the comprehensive planned development of urban areas or the role of transportation planning in overall urban planning and the functions under sections 1602, 1603, and 1604 of this Appendix required to enable the Secretary of Housing and Urban Development to advise and assist the Secretary of Transportation to make findings and determinations under sections 1602(c)(1), 1603(a), and 1604 of this Appendix and to establish jointly with the Secretary of Transportation the criteria referred to in the first sentence of section 1603(a) of this Appendix, see Reorg. Plan No. 2 of 1968, eff. June 30, 1968, 33 F.R. 6965, 82 Stat. 1369, set out under section 1608 of this Appendix.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1617 of this Appendix.

§ 1607c. Grants for research and training in urban transportation problems; grants for establishment and operation of transportation centers at nonprofit institutions of higher learning

(a) The Secretary is authorized to make grants to public and private nonprofit institutions of higher learning to assist in establishing or carrying on comprehensive research in the problems of transportation in urban areas. Such grants shall be used to conduct competent and qualified research and investigations into the theoretical or practical problems of urban transportation, or both, and to provide for the training of persons to carry on further research or to obtain employment in private or public organizations which plan, construct, operate, or manage urban transportation systems. Such research and investigations may include, without being limited to, the design and functioning of urban mass transit systems; the design and functioning of urban roads and highways; the interrelationship between various modes of urban and interurban transportation; the role of transportation planning in overall urban planning; public preferences in transportation; the economic allocation of transportation resources; and the legal, financial, engineering, and esthetic aspects of urban transportation. In making such grants the Secretary shall give preference to institutions of higher learning that undertake such research and training by bringing together knowledge and expertise in the various social science and technical disciplines that relate to urban transportation problems.

(b)(1) In addition to grants authorized by subsection (a) of this section, the Secretary is au

thorized to make grants for the purpose of establishing and operating transportation centers at nonprofit institutions of higher learning.

(2) The institutions receiving assistance under this subsection shall be selected by the Secretary, in coordination with State transportation agencies or departments, on the basis of demonstrated research and extension resources capable of contributing to the solution of State and regional transportation problems.

(3) The responsibilities and duties of each transportation center shall include, but not be limited to, the conduct of competent research investigations, both scientific and policy oriented, and experiments of either a basic or practical nature in relation to transportation problems.

(4) In order for an institution to receive Federal funds under this subsection, subject to the conditions set forth therein, such institution, in coordination with the State in which the institution is located (or, in the case of multi-institutional programs authorized under paragraph (6) of this subsection, in coordination with the States in which the participating institutions are located) shall submit to the Secretary for his approval a program or programs of proposed projects for the academic year for the utilization of such funds. The Secretary shall act upon programs submitted to him by March 15 preceding the fiscal year for which application for assistance is made (except in the case of fiscal year 1979, for which the Secretary shall act upon programs submitted to him as soon as practicable).

(5) As a condition to project approval, the amount of the Federal grant must be equally matched from other than Federal funds.

(6) Upon the joint application of two or more institutions of higher learning, the Secretary may approve a multi-institutional program to address regional transportation problems, subject to conditions set forth in this subsection.

(7) on or before July 1 of each fiscal year for which funds have been appropriated under this subsection, each participating institution shall submit a report to the Secretary on its activities and progress in solving transportation problems, which include bona fide research and training in urban transportation. On or before October 1 of each such fiscal year, the Secretary shall submit a report to Congress on the activities and progress of the program authorized by this subsection in solving transportation problems and achieving national transportation policy objectives.

(Pub. L. 88-365, § 11, as added Pub. L. 89-562, § 2(a)(2), Sept. 8, 1966, 80 Stat. 716, and amended Pub. L. 95-599, title III, § 307, Nov. 6, 1978, 92 Stat. 2745; Pub. L. 97-424, title III, § 306(b), (c), Jan. 6, 1983, 96 Stat. 2150.)

PRIOR PROVISIONS

A prior section 11 of Pub. L. 88-365 was renumbered section 14 by Pub. L. 89-562, § 2(a)(1), Sept. 8, 1966, 80 Stat. 715 and is classified to section 1610 of this Appendix.

AMENDMENTS

1983-Subsec. (b)(5). Pub. L. 97-424, § 306(b), substituted provision that the amount of the Federal grant

must be equally matched from other than Federal funds as a condition to project approval, for provision that, as a condition to such approval, the State in which a selected institution was located had to equally match from other than Federal funds the amount of the Federal grant.

Subsec. (b)(7). Pub. L. 97-424, § 306(c), added ", which include bona fide research and training in urban transportation" after "transportation problems".

1978-Subsec. (b). Pub. L. 95-599 designated existing provisions as par. (1), and in par. (1) as so designated, substituted provisions authorizing the Secretary to make grants to establish and operate transportation centers at nonprofit institutions of higher learning for provisions authorizing the Secretary to make available not to exceed $3,000,000 per annum of the grant funds appropriated pursuant to section 1603(b) to finance grants under this section, and added pars. (2) to (7).

TRANSFER OF FUNCTIONS

Transfer to the Secretary of Transportation of func tions of the Department of Housing and Urban Development and of the Secretary of Housing and Urban Development under this chapter, except the authority to make grants for or undertake projects or activities under this section and sections 1605(a) and 1607a of this Appendix as primarily concern the relationship of urban transportation systems to the comprehensive planned development of urban areas or the role of transportation planning in overall urban planning and the functions under sections 1602, 1603, and 1604 of this Appendix required to enable the Secretary of Housing and Urban Development to advise and assist the Secretary of Transportation to make findings and determinations under sections 1602(c)(1), 1603(a), and 1604 of this Appendix and to establish jointly with the Secretary of Transportation the criteria referred to in the first sentence of section 1603(a) of this Appendix, see Reorg. Plan No. 2 of 1968, eff. June 30, 1968, 33 F.R. 6965, 82 Stat. 1369, set out under section 1608 of this Appendix.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1603, 1617 of this Appendix.

§ 1608. General provisions

(a) Functions, powers, and duties of Secretary

In the performance of, and with respect to, the functions, powers, and duties vested in him by this chapter, the Secretary shall (in addition to any authority otherwise vested in him) have the functions, powers, and duties set forth in section 1749a of title 12, except subsections (c)(2) and (f) of such section. Funds obtained or held by the Secretary in connection with the performance of his functions under this chapter shall be available for the administrative expenses of the Secretary in connection with the performance of such functions.

(b) Records; audit and examination; award of contracts for acquisition of rolling stock; report to Congress

(1) All contracts for construction, reconstruction, or improvement of facilities and equipment in furtherance of the purposes for which a loan or grant is made under this chapter, entered into by applicants under other than competitive bidding procedures as defined by the Secretary, shall provide that the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives,

shall, for the purpose of audit and examination, have access to any books, documents, papers, and records of the contracting parties that are pertinent to the operations or activities under such contracts.

(2) In lieu of requiring that contracts for the acquisition of rolling stock be awarded based on consideration of performance, standardization, life-cycle costs and other factors, or on the basis of lowest initial capital cost, such contracts may be awarded based on a competitive procurement process. The Secretary shall report to Congress within a year of January 6, 1983, on any legislative or administrative revisions required to ensure that procurement procedures are fair and competitive. (c) Definitions

As used in this chapter

(1) the term "construction" means the supervising, inspecting, actual building, and all expenses incidental to the acquisition, construction, or reconstruction of facilities and equipment for use in public transportation, including designing, engineering, location surveying, mapping, acquisition of rights-of-way, relocation assistance, acquisition of replacement housing sites, acquisition and rehabilitation, relocation, and construction of replacement housing, and such term also means any bus rehabilitation project which extends the economic life of a bus five years or more;

(2) the term "fixed guideway" means any public transportation facility which utilizes and occupies a separate right-of-way or rails for the exclusive use of public transportation service including, but not limited to, fixed rail, automated guideway transit, and exclusive facilities for buses and other high occupancy vehicles, and also means a public transportation facility which uses a fixed catenary system and utilizes a right-of-way usable by other forms of transportation;

(3) the term "Governor" means the ranking executive officer or his designate for each of the jurisdictions included in the definition of "State";

(4) the term "handicapped person" means any individual who by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, including any person who is wheelchair bound or has semiambulatory capabilities, is unable without special facilities or special planning or design to utilize public transportation facilities and services effectively. The Secretary may, by regulation, adopt modifications of this definition for purposes of section 1604(m) of this Appendix;

(5) the term "local public bodies" includes municipalities and other political subdivisions of States; public agencies and instrumentalities of one or more States, municipalities and political subdivisions of States; Indian tribes; and public corporations, boards, and commissions established under the laws of any State; (6) the term "mass transportation" means transportation by bus, or rail, or other conveyance, either publicly or privately owned, which provides to the public general or special service (but not including school buses or

charter or sightseeing service) on a regular and continuing basis;

(7) the term "public transportation" means mass transportation;

(8) the term "Secretary" means the Secretary of Transportation;

(9) The term "States" means the several States, the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands;

(10) the term "urban area" means any area that includes a municipality or other built-up place which is appropriate, in the judgment of the Secretary, for a public transportation system to serve commuters or others in the locality taking into consideration the local patterns and trends of urban growth; and

(11) the term "urbanized area" means an area so designated by the Bureau of Census, within boundaries which shall be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary, and which shall at a minimum, in case of any such area, encompass the entire urbanized area within a State as designated by the Bureau of Census.

(d) Regulation of operation of system, rates, rentals, or other charges; compliance with undertakings None of the provisions of this chapter shall be construed to authorize the Secretary to regulate in any manner the mode of operation of any mass transportation system with respect to which a grant is made under section 1602 of this Appendix or, after such grant is made, to regulate the rates, fares, tolls, rentals, or other charges fixed or prescribed for such system by any local public or private transit agency; but nothing in this subsection shall prevent the Secretary from taking such actions as may be necessary to require compliance by the agency or agencies involved with any undertakings furnished by such agency or agencies in connection with the application for the grant.

(e) Prohibition on use of Federal financial assistance for transfer of land, etc., between public bodies in geographical proximity

None of the provisions of this chapter shall be construed to authorize Federal financial assistance for the purpose of financing the acquisition by one public body of land, facilities, or equipment used in mass transportation from another public body in the same geographic

area.

(f) Petition for exemption from interstate commerce provisions; procedure

(1) A State or local public body may petition the Interstate Commerce Commission for an exemption from subchapter II of chapter 105 of title 49 for mass transportation services provided by such State or local public body or provided to such State of' local public body by

'So in original. Probably should be "or".

contract. Not later than one hundred and eighty days after the date such petition is received by the Commission, the Commission shall, after notice and reasonable opportunity for a hearing on such petition, by order, exempt such State or local public body or contractor from subchapter II of chapter 105 of title 49 with respect to such mass transportation services to the extent and for such time as it specifies in such order, unless the Commission finds that

(A) the public interest would not be served by such exemption,

(B) the exemption requested would result in an undue burden on the interstate or foreign commerce, or

(C) the mass transportation services, including rates, proposed to be exempt are not subject to regulation by any State or local public agency.

(2) Any State or local public body granted an exemption under paragr ph (1) of this subsection shall be subject to all applicable Federal laws pertaining to (A) safety, (B) the representation of employees for purposes of collective bargaining, (C) retirement, annuities, and unemployment systems, and (D) all other provisions of law relating to employee-employer relations. The Commission, upon its own initiative or upon petition of an interested party, may alter, amend, or revoke any exemption under paragraph (1) of this subsection if it subsequently finds that new evidence, material error, or changed circumstances exist which materially affect its original order.

(g) Bids for passenger seats functional specifications

In the case of any buses acquired with Federal financial assistance provided under this chapter, the Secretary shall permit the State or local body which is acquiring such buses to provide in advertising for bids for passenger seats functional specifications (which equal or exceed the performance specifications prescribed by the Secretary), based on that State or local body's determination of local requirements for safety, comfort, maintenance and life cycle costs. This subsection shall apply to the initial advertising for bids for the acquisition of buses occurring on or after November 6, 1978.

(Pub. L. 88-365, § 12, formerly § 9, July 9, 1964, 78 Stat. 306; Pub. L. 89-117, title XI, § 1109, Aug. 10, 1965, 79 Stat. 507; renumbered Pub. L. 89-562, § 2(a)(1), Sept. 8, 1966, 80 Stat. 715, and amended Pub. L. 90-19, § 20, May 25, 1967, 81 Stat. 25; Pub. L. 90-448, title VII, § 702, Aug. 1, 1968, 82 Stat. 535; Pub. L. 91-453, § 5, Oct. 15, 1970, 84 Stat. 966; Pub. L. 93-87, title III, § 301(f), Aug. 13, 1973, 87 Stat. 295; Pub. L. 95-599, title III, § 308, Nov. 6, 1978, 92 Stat. 2745; Pub. L. 97-424, title III, §§ 308, 309, Jan. 6, 1983, 96 Stat. 2151.)

CODIFICATION

In subsec. (f)(1), "subchapter II of chapter 105 of title 49" was substituted for "part II of the Interstate Commerce Act" on authority of Pub. L. 95-473, § 3(b), Oct. 17, 1978, 92 Stat. 1466, the first section of which enacted subtitle IV (§ 10101 et seq.) of Title 49, Transportation.

PRIOR PROVISIONS

A prior section 12 of Pub. L. 88-365 was renumbered section 15 by Pub. L. 89-562, § 2(a)(1), Sept. 8, 1966, 80 Stat. 715 and is classified to section 1611 of this Appendix.

AMENDMENTS

1983-Subsec. (b)(2). Pub. L. 97-424, § 308, substituted provision that in lieu of requiring that contracts for the acquisition of rolling stock be awarded based on consideration of performance, standardization, lifecycle costs and other factors, or on the basis of lowest initial capital cost, such contracts may be awarded based on a competitive procurement process and the Secretary shall report to Congress within a year of January 6, 1983, on any legislative or administrative revisions required to ensure that procurement procedures are fair and competitive, for provision that after September 30, 1979, contracts for the acquisition of rolling stock, including buses, which would result in the expenditure of Federal financial assistance under this chapter, could be awarded based on consideration of performance, standardization, life-cycle costs, and other factors the Secretary could deem relevant, in addition to the consideration of initial capital costs, and that where necessary, the Secretary was to assist grantees in making such evaluations.

Subsec. (c)(1). Pub. L. 97-424, § 309(a), added provi. sion that the term also means any bus rehabilitation project which extends the economic life of a bus five years or more.

Subsec. (c)(2). Pub. L. 97-424, § 309(b), added "or rails" after "separate right-of-way" and provision that the term also means a public transportation facility which uses a fixed catenary system and utilizes a right-of-way usable by other forms of transportation.

1978-Subsec, (b). Pub. L. 95-599, § 308(a), designat ed existing provisions as par. (1) and added par. (2).

Subsec. (c). Pub. L. 95-599, § 308(b), substituted the definitions of the terms "construction" for "States" in par. (1), “fixed guideway" for "local public bodies" in par. (2), "Governor" for "Secretary" in par. (3), "handicapped person" for "urban area" in par. (4), "local public bodies" for "mass transportation" in par. (5), and added pars. (6) to (11).

Subsec. (d). Pub. L. 95-599, § 308(c), redesignated former subsec. (e) as (d). Former subsec. (d), authorizing appropriations, was struck out.

Subsec. (e). Pub. L. 95-599, § 308(d), added subsec. (e). Former subsec. (e) redesignated (d).

Subsec. (f). Pub. L. 95-599, § 308(d), added subsec. (f). Former subsec. (f), relating to a prohibition on sex discrimination, was struck out. See section 1615 of this Appendix.

Subsec. (g). Pub. L. 95-599, § 308(d), added subsec. (g).

1973-Subsec. (f). Pub. L. 93-87 added subsec, (f). 1970-Subsec. (d). Pub. L. 91-453 struck out reference to loans under section 1602 of this Appendix and administrative expenses.

1968-Subsec. (c)(5). Pub. L. 90-448 included special service to the public, and substituted "on a regular and continuing basis" for "and moving over prescribed routes".

1967-Subsecs. (a), (b), (c)(4), (e). Pub. L. 90-19, § 20(a), substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (c)(3). Pub. L. 90-19, § 20(b), substituted definition of "Secretary" meaning the Secretary of Housing and Urban Development for "Administrator" meaning the Housing and Home Finance Administra. tor.

1965-Subsec. (c). Pub. L. 89-117, § 1109, redesignated subsec. (d) as (c). Former subsec. (c), which required that all contracts for construction, reconstruction, or improvement in furtherance of this chapter include a provision that only articles manufactured in

the United States be used by the contractor, was struck out.

Subsecs. (d) to (f). Pub. L. 89-116, § 1109, redesignated subsecs. (d) to (f) as (c) to (e), respectively.

LIMITATION ON AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1982

Pub. L. 97-35, title XI, § 1111(b), Aug. 13, 1981, 95 Stat. 628, provided that: "Notwithstanding any other provision of law, the total amount authorized to be appropriated for the fiscal year ending September 30, 1982, under the Urban Mass Transportation Act of 1964 [this chapter] shall not exceed $3,792,000,000." PUBLIC MASS TRANSPORTATION STUDIES; EVALUATION OF 1972 NATional Transportation REPORT; REPORT TO CONGRESS OF EVALUATION; TAX REVENUES, STUDY; REPORT TO CONGRESS OF REVENUE STUDIES; APPROPRIATIONS AUTHORIZATION

Section 138 of Pub. L. 93-87 required the Secretary, in cooperation with the Governor of each State and appropriate local officials, to make an evaluation of that portion of the 1972 National Transportation Report, pertaining to public mass transportation; required such evaluation to include all urban areas, and to include but not be limited to the following: (1) Refining the public mass transportation needs contained in such report; (2) Developing a program to accomplish the needs of each urban area for public mass transportation; (3) Analyzing the existing funding capabilities of Federal, State, and local governments for meeting such needs; (4) Analyzing other funding capabilities of Federal, State, and local governments for meeting such needs; (5) Determining the operating and maintenance costs relating to the public mass transportation system; and (6) Determining and comparing fare structures of all public mass transportation systems; required the Secretary to, not later than July 1, 1974, report to Congress the results of this evaluation together with his recommendations for necessary legislation; required the Secretary to conduct a study of revenue mechanisms, including a tax on fuels used in the provision of urban mass transportation service, and an additional gasoline tax imposed in urban areas, which could be used now or in the future to finance transportation activities receiving financial assistance from the Highway Trust Fund; required such study to include an analysis of the magnitude of the various potential sources of user tax revenues, the rates at which such taxes could be levied (including possible differential rates), the mechanisms for collection of such taxes, the incidence of such taxes, and the potential impact on transit usage caused by such taxes; required the Secretary to report to the Congress the findings of his study by no later than the 180th day after Aug. 13, 1973; and appropriated not to exceed $10,000,000 to carry out this section.

REORGANIZATION PLAN NO. 2 OF 1968

Eff. June 30, 1968, 33 F.R. 6965, 82 Stat. 1369, as amended Pub. L. 90-623, § 7(d), Oct. 22, 1968, 82 Stat. 1316; Pub. L. 97-449, § 7(b), Jan. 12, 1983, 96 Stat. 2445

Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled February 26, 1968, pursuant to the provisions of chapter 9 of Title 5 of the United States Code.

URBAN MASS TRANSPORTATION

SECTION 1. TRANSFER OF FUNCTIONS

(a) There are hereby transferred to the Secretary of Transportation:

(1) The functions of the Secretary of Housing and Urban Development and the Department of Housing and Urban Development under the Urban Mass Trans

portation Act of 1964 (78 Stat. 302; 49 U.S.C. 1601-1611) [49 App. U.S.C. 1601 et seq.], except that there is reserved to the Secretary of Housing and Urban Development (i) the authority to make grants for or undertake such projects or activities under sections 6(a), 9, and 11 of that Act (49 U.S.C. 1605(a); 1607a; 1607c) [49 App. U.S.C. 1605(a); former 1607a; 1607c] as primarily concern the relationship of urban transportation systems to the comprehensively planned development of urban areas, or the role of transportation planning in overall urban planning, and (ii) so much of the functions under sections 3, 4, and 5 of the Act (49 U.S.C. 1602-1604) [49 App. U.S.C. 1602, 1603, 1604] as will enable the Secretary of Housing and Urban Development (A) to advise and assist the Secretary of Transportation in making findings and determinations under clause (1) of section 3(c), the first sentence of section 4(a), and clause (1) of section 5 of the Act, and (B) to establish jointly with the Secretary of Transportation the criteria referred to in the first sentence of section 4(a) of the Act.

(2) Other functions of the Secretary of Housing and Urban Development, and functions of the Department of Housing and Urban Development or of any agency or officer thereof, all to the extent that they are incidental to or necessary for the performance of the functions transferred by section 1(a)(1) of this reorganization plan, including, to such extent, the functions of the Secretary of Housing and Urban Development and the Department of Housing and Urban Development under (i) title II of the Housing Amendments of 1955 (69 Stat. 642; 42 U.S.C. 1491-1497), insofar as functions thereunder involve assistance specifically authorized for mass transportation facilities or equipment, and (ii) title IV of the Housing and Urban Development Act of 1965 (79 Stat. 485; 42 U.S.C. [former] 3071-3074).

(3) The functions of the Department of Housing and Urban Development under section 3(b) of the Act of November 6, 1966 (P.L. 89-774; 80 Stat. 1352; 40 U.S.C. [former] 672(b)).

(b) Any reference in this reorganization plan to any provision of law shall be deemed to include, as may be appropriate, reference there to as amended.

SEC. 2. DELEGATION

[Repealed. Pub. L. 97-449, § 7(b), Jan. 12, 1983, 96 Stat. 2445. Section authorized the Secretary of Transportation to delegate any of the functions transferred to him by this reorganization plan to such officers and employees of the Department of Transportation as he designated, and authorized successive redelegations of such functions.]

SEC. 3. URBAN MASS TRANSPORTATION ADMINISTRATION

[Repealed. Pub. L. 97-449, § 7(b), Jan. 12, 1983, 96 Stat. 2445. Section established within the Department of Transportation an Urban Mass Transportation Administration headed by an Urban Mass Transportation Administrator appointed by the President, by and with the advice and consent of the Senate, with the Administrator to perform such duties as the Secretary of Transportation would prescribe. Section had been amended by Pub. L. 90-623, § 7(d), Oct. 22, 1968, 82 Stat. 1316, to render of no further effect provision setting the compensation of the Urban Mass Transportation Administrator at the rate provided for Level III of the Executive Schedule Pay Rates (5 U.S.C. 5314).]

SEC. 4. INTERIM ADMINISTRATOR

The President may authorize any person who immediately prior to the effective date of this reorganization plan holds a position in the executive branch of the government to act as Urban Mass Transportation Administrator until the office of Administrator is for the first time filled pursuant to the provisions of section 3(b) of this reorganization plan or by recess appointment, as the case may be. The person so desig