SUMMARY OF LAWS REFERRED TO IN SECTION 6 OF S. 3010, SETTING FORTH THE DUTIES, POWERS, AND FUNCTIONS WHICH WOULD BE TRANSFERRED TO THE PROPOSED DEPARTMENT OF TRANSPORTATION 1

LAWS TRANSFERRED FROM COMMERCE DEPARTMENT (SEC. 6(a))

1. The act of August 27, 1958 (72 Stat. 885), title 23, United States Code: Highways.'

Title 23 represents a codification into positive law of all permanent acts relating to the Federal-aid and other highway programs administered by the Secretary of Commerce.

2. The act of October 23, 1962 (76 Stat. 1145): "The Federal-Aid Highway Act of 1962."

Most of the provisions of this act are included in amendments to title 23, United States Code. However, this act (sec. 13) also authorizes the Secretary of Commerce to make engineering studies and surveys relative to highway construction programs in Alaska, to make a report thereon to Congress, and, from time to time, to submit recommendations to Congress with respect to construction of highways in Alaska.

3. The act of July 14, 1960 (74 Stat. 526), as amended by the act of October 4, 1961 (75 Stat. 779): "National Driver Register.'

This act directs the Secretary of Commerce to establish and maintain a register containing the names of individuals whose licenses have been terminated or temporarily withdrawn due to certain offenses, and to make such information available to the States upon request.

4. The act of May 6, 1954 (68 Stat. 70), as amended by the act of October 13, 1964 (78 Stat. 1092): "The Federal-Aid Highway Act of 1954."

Section 14 provides that the Secretary of Commerce apportion $500,000 to the 10 States bordering the Mississippi River on the basis of needs for planning and expediting the Great River Road. (Not fully executed; a portion of these funds has not yet been apportioned.)

5. The act of June 29, 1956 (70 Stat. 387): "Highway Revenue Act of 1956, as amended."

Section 209 (e) (1) directs the Secretary of the Treasury, after consultation with the Secretary of Commerce, to report to Congress annually on the actual and anticipated financial condition and the results of the operations of the highway trust fund.

Section 209 (f) (5), added by section 202(a) of act approved September 3, 1964 (78 Stat. 897), directs the Secretary of the Treasury to transfer from the highway trust fund into the land and water conservation fund amounts as determined by him in consultation with the Secretary of Commerce as are equivalent to

1 In the case of FAA and Coast Guard, all of their functions, powers, and duties would be transferred. The major laws which those agencies administer are described.

taxes received after January 1, 1965, with respect to special motor funds and gasoline used in motorboats.

Section 209 (g) directs the Secretary of the Treasury after consultation with the Secretary of Commerce to estimate the amounts which will be available in the highway trust fund to defray the expenditures which will be required to be made from such fund. This section also relates to the function of the Secretary of Commerce with respect to the apportionment of funds to the States for the Interstate System.

6. The act of October 22, 1965 (79 Stat. 1028): "Highway Beautification Act of 1965.”

Section 302 provides that the Secretary of Commerce shall furnish Congress a report of the estimate of cost and economic impact of this act not later than January 10, 1967.

Section 303 provides that the Secretary of Commerce shall hold public hearings in each State to gather information on which to base standards, criteria, and rules and regulations, and report to Congress not later than January 10, 1967, with respect to the standards, criteria, and rules and regulations promulgated. 7. The act of June 25, 1959 (73 Stat. 141): "Alaska Omnibus Act."

Section 21(a) provides that the Secretary of Commerce shall transfer to the State of Alaska all properties of the Bureau of Public Roads except those he must retain for additional road purposes. (Some aspects have not been fully executed.) 8. Joint resolution of August 28, 1965 (79 Stat. 578).

Section 3 provides that the Secretary of Commerce shall report to Congress in January 1968 and in January of every second year thereafter his estimate of future highway needs of the Nation. 9. The act of August 2, 1946 (60 Stat. 847): "The General Bridge Act of 1946, as amended."

Section 525 (c) provides that in case of conflict between States as to the location and plans of an interstate bridge the location and plans shall be submitted to the Bureau of Public Roads and if approved by the Bureau of Public Roads approval of State highway departments is unnecessary.

10. Act of July 26, 1956 (70 Stat 669).

Creates the Muscatine Bridge Commission.

11. Act of December 21, 1944 (58 Stat. 846).

Creates the City of Clinton Bridge Commission.

12. Act of April 12, 1941 (55 Stat. 140).

Creates the White County Bridge Commission.

13. Act of April 27, 1962 (76 Stat. 59).

Provides for annual audit of the above federally created bridge commissions.

Section 2 provides that the Secretary of Commerce is directed to point or reappoint persons as members of the above bridge commissions. The Secretary may also remove any member for

cause.

Section 3 provides that the Secretary of Commerce is to review the annual reports and audit reports and audit reports submitted by the bridge commissions and submit such recommendations to the Congress, based on such review, as he deems necessary. 14. The act of September 30, 1965 (79 Stat. 893): "High-Speed Ground Transportation."

Authorizes the Secretary of Commerce to

(1) Undertake research and development in high-speed ground transportation;

(2) Contract for demonstration; and

(3) Collect and collate transportation statistics.

15. The Urban Mass Transportation Act of 1964 (78 Stat. 302) (49 U.S.C. 1601, et seq.).

Section 8 of this law requires the Secretary of Commerce and the Secretary of Housing and Urban Development to consult on general urban transportation policies and programs in order to assure coordination of highway, railway, and other mass transportation planning and development programs in urban areas, taking into consideration federally assisted highways. The responsibility of the Secretary of Commerce would be transferred to the Secretary of Transportation.

16. The act of September 7, 1957 (71 Stat. 629) (49 U.S.C. 1324 nt.).

17. Section 410 of the Federal Aviation Act of 1958 (72 Stat. 769) (49 U.S.C. 1380).

The Secretary of Commerce administers the program for governmental guarantees of loans to enable local air carriers to purchase aircraft suitable for such transportation on reasonable 18. Title XIII, War Risk Insurance, of the Federal Aviation Act of 1958 (72 Stat. 800) (49 U.S.C. 1531, et seq.).

terms.

Authorizes the Secretary of Commerce, with the President's approval, to provide aviation war risk insurance to air carriers in international air transportaiton when such insurance is not available under reasonable terms and conditions in the commercial market.

19. The Great Lakes Pilotage Act of 1960 (74 Stat. 259) (46 U.S.C. 216, et seq.).

Requires the Secretary of Commerce to assure adequate pilotage service for certain restricted waters of the Great Lakes. The Secretary, in agreement with Canada, regulates rates and operations of pilotage service. The Secretary also licenses pilots. 20. The Merchant Marine Act, 1920 (41 Stat. 988) (46 U.S.C. 861). The Secretary of Commerce is authorized

(1) Under section 30 (Ship Mortgage Act), to make regulations covering mortgages covering U.S. vessels.

(2) To investigate port congestion and remedies applicable thereto, and to promote, encourage, and develop ports and facilities in connection with waterbound transportation.

(3) Under section 28 to certify inadequate shipping facilities to Interstate Commerce Commission, so that agency may suspend preferential through rates.

21. Merchant Marine Act, 1928 (45 Stat. 689; 46 U.S.C. 891). (1) Confirmed the policies of the 1920 act, described in 20 herein.

(2) Secretary of Commerce has authority to recommend new vessels to be planned with reference to usefulness as naval and military auxiliaries.

(3) Recondition and repair vessels, remodel and improve. 22. The Merchant Marine Act, 1936 (49 Stat. 1985, 46 U.S.Č. 1101). Authorizes the Secretary of Commerce to

(1) Make, amend, and terminate subsidy contracts.

(2) Investigate, determine, and keep current records of ocean service, routes, lines from ports in U.S. territory, district, or possession to foreign market and type, speed, and requirements for service.

(3) Investigate and determine relative cost of constructing comparable vessel in the United States and foreign countries and also such relative cost of operating vessels.

(4) Charter its vessels.

(5) Provide Federal ship mortage insurance and war risk insurance.

(6) Provide liaison to secure preference to American cargo vessels.

(7) In cooperation with owners and builders, develop plans for economical construction of vessels and machinery. 23. The Shipping Act, 1916 (39 Stat. 728, 46 U.S.C. 801). The Secretary is authorized to

(1) Investigate:

(a) The cost of building merchant vessels abroad and in the United States;

(b) Of operating in the foreign trade;

(c) Rules and classifications abroad;

(d) Marine insurance in the United States and abroad; and

(e) Examine navigation laws and legal status of mortgage loans.

(2) Grant approval to transfer of mortgage bonds to foreigners.

24. Merchant Ship Sales Act of 1946 (60 Stat. 41, 50 U.S. App. 1735).

The Secretary of Commerce

(1) Is authorized to charter war-built, dry-cargo vessels to U.S. citizens for bare-boat use.

(2) Is authorized to charter any passenger vessel, either war-built or owned by the United States on or after June 30, 1950, pursuant to title VII of the Merchant Marine Act, 1936, and to charter any war-built vessel for use in the domestic trade.

25. The Maritime Academy Act of 1958 (72 Stat. 622; 46 U.S.C. 1381).

Authorizes the Secretary of Commerce to

(1) Assist and cooperate with States and territories by furnishing training vessels if unavailable to such States as Maine, Massachusetts, New York, California;

(2) Assist by entering into agreements with such academy or college by making annual payments to such colleges; and (3) Make agreements to make subsistence payments to such school per student.

26. The act of June 12, 1940 (54 Stat. 346; 46 U.S.C. 1331). Authorizes the Secretary of Commerce to

Examine civilian nautical schools; and

(2) Rate such schools as to course of instruction, competency of instructors, suitability of equipment.

27. The act of August 30, 1964 (78 Stat. 614 amending 74 Stat. 212; 46 U.S.C. 1401), relating to the fishing fleet.

Authorizes Secretary through

(1) Maritime Administrator to determine and certify to the Secretary of the Interior the lowest responsible domestic bid for the construction of a fishing vessel; and

(2) Supervise construction for which construction subsidy is paid.

28. The act of September 14, 1961 (75 Stat. 514; 46 U.S.C. 1126b1), relating to appointments to the Merchant Marine Academy). The Secretary is authorized to

(1) Permit, upon designation of the Secretary of the Interior, not to exceed four persons at a time from the Trust Territories of the Pacific Islands to receive instruction at the U.S. Merchant Marine Academy.

29. The act of June 13, 1957 (71 Stat. 73), to the extent it relates to operating-differential subsidies.

In addition to providing appropriation for operating-differential subsidy the act provides that to the extent that ODS accrual is represented on the operator's books by a contingent accounts receivable item against the United States as a partial or complete offset to the recapture accrual, the operator is

(1) Excused from making deposits in special reserve funds;

(2) Excused deposits in (1) receive same tax treatment as if deposited. Amounts paid on such account must be deposited in special reserve fund.

Also provides no ODS contract for more than 2,100 voyages per year.

30. The act of June 12, 1951 (65 Stat. 59, 46 U.S.C. 1241a).

Created Vessel Operations Revolving Fund for purpose of carrying out vessel operating functions of the Secretary of Commerce; i.e., charter, operation, maintenance, repair, reconditioning, and betterment of merchant vessels under his jurisdiction. 31. The act of July 24, 1956 (70 Stat. 605; 46 U.S.C. 249), relating to the grant of medals and decorations for service in the U.S. merchant marine.

Authorizes the Secretary to award

(1) Distinguished Service Medal to U.S. merchant mariners for outstanding act, conduct, or valor beyond line of duty;

(2) Distinguished service ribbon bar to masters, officers, members of crew in times of war or national emergency in conditions of danger; and

(3) Ship citation to gallant ships.

32. The act of August 9, 1954 (68 Stat. 675; 50 U.S.C. 196).

Authorizes the Secretary of Commerce, during periods in which vessels may be requisitioned under Merchant Marine Act, 1936, section 902, to