by striking the word "Administrator" wherever it occurs in such section and inserting in lieu thereof the word "Director". (j) Section 3(a) of the Marine Resources and Engineering Development Act of 1966 (80 Stat. 204) is amended by striking the words "the Treasury" and inserting in lieu thereof "Transportation". (k) Section 2(e) of the Act of September 22, 1966, Public Law 89-599, is amended by striking the words "of Commerce" and inserting in lieu thereof the words "of Transportation". * CONFORMING AMENDMENTS TO OTHER LAWS § 10. (a) Section 19(d) (1) of title 3, United States Code, as amended, is hereby amended by striking out the period at the end thereof and inserting a comma and the following: "Secretary of Transportation." (b) Section 101 of title 5 of the United States Code is amended by inserting at the end thereof the following: "The Department of Housing and Urban Development. "The Department of Transportation". (c) The amendment made by subsection (b) of this section shall not be construed to make applicable to the Department any provision of law inconsistent with this Act. (d) Subchapter II (relating to executive schedule pay rates) of chapter 53 of title V of the United States Code is amended as follows: (1) Section 5312 is amended by adding at the end thereof the following: "(11) Secretary of Housing and Urban Development. "(12) Secretary of Transportation." (2) Section 5313 is amended by striking out "(7) Administrator of the Federal Aviation Agency" and inserting in lieu thereof "(7) Under Secretary of Transportation", and by adding at the end thereof the following: "(19) Administrator, Federal Aviation Administration." (3) Section 5314 is amended by adding at the end thereof the following: "(46) Administrator, Federal Highway Administration. "(47) Administrator, Federal Railroad Administration. "(48) Chairman, National Transportation Safety Board." (4) Section 5315 is amended by adding at the end thereof the following: "(78) Members, National Transportation Safety Board. "(79) General Counsel, Department of Transportation. "(80) Deputy Administrator, Federal Aviation Administration. “(83) Administrator of the St. Lawrence Seaway Development Corporation." (5) Section 5316 is amended by adding at the end thereof the following: "(117) Assistant Secretary for Administration, Department of Transportation." (6) Section 5317 is amended by striking out "thirty" and inserting in lieu thereof "thirty-four". (e) Subsections 5314(6), 5315(2), and 5316 (10), (12), (13, (14), (76), and (82) of title 5 of the United States Code are repealed, subject to the provisions of section 9 of this Act. (f) Title 18, United States Code, section 1020, as amended, is amended by striking the words "Secretary of Commerce" where they appear therein and inserting in lieu thereof "Secretary of Transportation”. (g) Subsection (1) of section 801, title 10, United States Code, as amended, is amended by striking out "the General Counsel of the Department of the Treasury" and inserting in lieu thereof "the General Counsel of the Department of Transportation". SAVINGS PROVISIONS § 12. (a) All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges (1) which have been issued, made, granted, or allowed to become effective (A) under any provision of law amended by this Act, or (B) in the exercise of duties, powers, or functions which are transferred under this Act, by (i) any department or agency, any functions of which are transferred by this Act, or (ii) any court of competent jurisdiction, and (2) which are in effect at the time this Act takes effect, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or repealed by the Secretary, Administrators, Board, or General Counsel (in the exercise of any authority respectively vested in them by this Act), by any court of competent jurisdiction, or by operation of law. (b) The provisions of this Act shall not affect any proceedings pending at the time this section takes effect before any department or agency (or component thereof), functions of which are transferred by this Act; but such proceedings, to the extent that they relate to functions so transferred, shall be continued before the Department. Such proceedings, to the extent they do not relate to functions so transferred, shall be continued before the department or agency before which they were pending at the time of such transfer. In either case orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or repealed by the Secretary, Administrators, Board, or General Counsel (in the exercise of any authority respectively vested in them by this Act), by a court of competent jurisdiction, or by operation of law. (c) (1) Except as provided in paragraph (2) (A) the provisions of this Act shall not affect suits commenced prior to the date this section takes effect, and (B) in all such suits proceedings shall be had, appeals taken, and judgments rendered, in the same manner and effect as if this Act had not been enacted. No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of any department or agency, functions of which are transferred by this Act, shall abate by reason of the enactment of this Act. No cause of action by or against any department or agency, functions of which are transferred by this Act, or by or against any officer thereof in his official capacity shall abate by reason of the enactment of this Act. Causes of actions, suits, actions, or other proceedings may be asserted by or against the United States or such official of the Department as may be appropriate and, in any litigation pending when this section takes effect, 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. (2) If before the date on which this Act takes effect, any department or agency, or officer thereof in his official capacity, is a party to a suit, and under this Act (A) such department or agency is transferred to the Secretary, or (B) any function of such department, agency, or officer is transferred to the Secretary, then such suit shall be continued by the Secretary (except in the case of a suit not involving functions transferred to the Secretary, in which case the suit shall be continued by the department, agency, or officer which was a party to the suit prior to the effective date of this Act). (d) With respect to any function, power, or duty transferred by this Act and exercised after the effective date of this Act, reference in any other Federal law to any department or agency, officer or office so transferred or functions of which are so transferred shall be deemed to mean the officer or agency in which this Act vests such function after such transfer. CODIFICATION § 14. The Secretary is directed to submit to the Congress within two years from the effective date of this Act, a proposed codification of all laws that contain the powers, duties, and functions transferred to or vested in the Secretary or the Department by this Act. EFFECTIVE DATE; INITIAL APPOINTMENT OF OFFICERS § 15. (a) This Act shall take effect ninety days after the Secretary first takes office, or on such prior date after enactment of this Act as the President shall prescribe and publish in the Federal Register. (b) Any of the officers provided for in this Act may (notwithstanding subsection (a)) be appointed in the manner provided for in this Act, at any time after the date of enactment of this Act. Such officers shall be compensated from the date they first take office, at the rates provided for in this Act. Such compensation and related expenses of their offices shall be paid from funds available for the functions to be transferred to the Department pursuant to this Act. NATIONAL TRANSPORTATION POLICY, "TRANSPORTATION ACT OF 1940," PUBLIC LAW NO. 785, 76TH CONG., SEPT. 18, 1940 (54 STAT. 899) NATIONAL TRANSPORTATION POLICY 1 "It is hereby declared to be the national transportation policy of the Congress to provide for fair and impartial regulation of all modes of transportation subject to the provisions of this Act, so administered as to recognize and preserve the inherent advantages of each; to promote safe, adequate, economical, and efficient service and foster sound economic conditions in transportation and among the several carriers; to encourage the establishment and maintenance of reasonable charges for transportation services, without unjust discriminations, undue preferences or advantages, or unfair or destructive competitive practices; to cooperate with the several States and the duly authorized officials thereof; and to encourage fair wages and equitable working conditions; all to the end of developing, coordinating and preserving a national transportation system by water, highway, and rail, as well as other means, adequate to meet the needs of the commerce of the United States, of the Postal Service, and of the national defense. All of the provisions of this Act shall be administered and enforced with a view to carrying out the above declaration of policy." * 1 See Title 49 United States Code, printed as notes preceding sections 1, 301 and 901. PART II. FEDERAL-AID HIGHWAYS SUBPART A. TITLE 23, UNITED STATES CODE, "HIGHWAYS," AND SECTIONS 2, 3, 4, AND 5, OF PUBLIC LAW 85-767, AUG. 27, 1958 Title 23. United States Code-"Highways" Chapter 1-FEDERAL-AID HIGHWAYS Sec. 101. Definitions and declaration of policy. 102. Authorizations. 103. Federal-aid systems. 104. Apportionment. 105. Programs. 106. Plans, specifications, and estimates. 107. Acquisition of rights-of-way-Interstate System. 108. Advance acquisition of rights-of-way. 109. Standards. 110. Project agreements. 111. Use of and access to rights-of-way-Interstate System.* 112. Letting of contracts. 113. Prevailing rate of wage.1 114. Construction. 115. Construction by States in advance of apportionment. 116. Maintenance. 117. Secondary road responsibility. 118. Availability of sums apportioned. 119. Administration of Federal-aid for highways in Alaska.** 120. Federal share payable. 121. Payment to States for construction. 122. Payment to States for bond retirement. 123. Relocation of utility facilities. 124. Advances to States. 125. Emergency relief. 126. Diversion. 127. Vehicle weight and width limitations-Interstate System. 128. Public hearings. 129. Toll roads, bridges, tunnels, and ferries.3 130. Railway-highway crossings. 131. Control of outdoor advertising.* 132. Payments on Federal-aid Projects Undertaken by a Federal Agency." 133. Relocation assistance." 134. Transportation planning in certain urban areas.' 135. Urban area traffic operations improvement programs. 136. Control of junkyards." * Analysis does not conform to section catchline. ** Section repealed without amending analysis. 1 Amended by sec. 12 of Public Law 90-495, Aug. 23, 1968 (82 Stat. 815). 2 Amended by sec. 25 of Public Law 90-495, Aug. 23, 1968 (82 Stat. 815). * Amended by sec. 5(b) of Public Law 86-657, July 14, 1960 (74 Stat. 522). • Revised by sec. 102 of Public Law 80-285, Oct. 22, 1965 (79 Stat. 1030). • Former sec. added by sec. 4 of Public Law 89-139, Aug. 28, 1965 (79 Stat. 578), which was repealed by sec. 102(b) (1) of Public Law 89-564, Sept. 9, 1966 (80 Stat. 731); new sec. added by sec. 10 of Public Law 90-495, Aug. 23, 1968 (82 Stat. 815). • New sec. added by sec. 202 of Public Law 89-285, Oct. 22, 1965 (79 Stat. 1028). Chapter 1 FEDERAL-AID HIGHWAYS-Continued Sec. 137. Limitation on authorization of appropriations for certain purposes.1o 138. Preservation of parklands." 139. Additions to Interstate System.12 140. Equal employment opportunity.13 141. Real property acquisition policies.1 Chapter 2.-OTHER HIGHWAYS Sec. 201. Authorizations. 202. Appointment or allocation. 203. Availability of funds. 204. Forest highways. 205. Forest development roads and trails. 206. Park roads and trails. 207. Parkways. 208. Indian reservation roads. 209. Public lands highways. 210. Defense access roads. 211. Timber access road hearings. 212. Inter-American Highway. 213. Rama Road. 214. Public lands development roads and trails.15 Chapter 3.-GENERAL PROVISIONS 308. Cooperation with Federal and State agencies and foreign countries. 309. Cooperation with other American Republics. 310. Civil Defense. 311. Highway improvements strategically important to the national defense. 312. Detail of Army, Navy, and Air Force officers. 313. Repealed.16 314. Relief of employees in hazardous work. 315. Rules, regulations, and recommendations. 316. Consent by United States to conveyance of property. 317. Appropriation for highway purposes of lands or interests in lands, owned by the United States. 318. Highway relocation due to airport. 319. Landscaping and scenic enhancement." 320. Bridges on Federal dams. Chapter 4.-HIGHWAY SAFETY 18 Sec. 401. Authority of the Secretary. 402. Highway safety programs. 403. Highway safety research and development. 404. National Highway Safety Advisory Committee. 10 New sec. added by sec. 8(c) of Public Law 89-574, Sept. 13, 1966 (80 Stat. 766). |