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79 STAT 669

TRANSFERS TO DEPARTMENT

SEC. 5. (a) Except as otherwise provided in subsection (b) of this section, there are hereby transferred to and vested in the Secretary all of the functions, powers, and duties of the Housing and Home Finance Agency, of the Federal Housing Administration and the Public Housing Administration in that Agency, and of the heads and other officers and offices of said agencies.

(b) The Federal National Mortgage Association, together with its functions, powers, and duties, is hereby transferred to the Department. The next to the last sentence of section 308 of the Federal National Repeals. Mortgage Association Charter Act and the item numbered (94) of sec- 68 Stat. 620. tion 303 (e) of the Federal Executive Salary Act of 1964 are hereby re- 12 USC 1723. pealed, and the position of the President of said Association is hereby 78 Stat. 421. allocated among the positions referred to in section 7(c) hereof.

5 USC 2211.

(c) The President shall undertake studies of the organization of Report to housing and urban development functions and programs within the Congress. Federal Government, and he shall provide the Congress with the findings and conclusions of such studies, together with his recommendations regarding the transfer of such functions and programs to or from the Department. Notwithstanding any other provision of this Act, none of the functions of the Secretary of the Interior authorized under the Land and Water Conservation Fund Act of 1965 (78 Stat. 897) 16 USC 4601-4 or other functions carried out by the Bureau of Outdoor Recreation note. shall be transferred from the Department of the Interior or in any way be limited geographically unless specifically provided for by reorganization plan pursuant to provisions of the Reorganization Act of 1949 (63 Stat. 203), as amended, or by statute.

CONFORMING AMENDMENTS

5 USC 133z note.

SEC. 6. (a) Section 19 (d)(1) of title 3 of the United States Code 62 Stat. 677. is hereby amended by striking out the period at the end thereof and inserting a comma and the following: "Secretary of Health, Education, and Welfare, Secretary of Housing and Urban Development." (b) Section 158 of the Revised Statutes (5 U.S.C. 1) is amended by adding at the end thereof:

"Eleventh. The Department of Housing and Urban Development." (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.

ADMINISTRATIVE PROVISIONS

SEC. 7. (a) The personnel employed in connection with, and the Transfer of assets, liabilities, contracts, property, records, and unexpended balances personnel, of appropriations, authorizations, allocations, or other funds held, assets, etc. used, arising from, or available or to be made available in connection with, the functions, powers, and duties transferred by section 5 of this Act are hereby transferred with such functions, powers, and duties, respectively.

(b) No transfer of functions, powers, and duties shall at any time Restriction. be made within the Department in connection with the secondary market operations of the Federal National Mortgage Association unless the Secretary finds that the rights and interests of owners of outstanding common stock issued under the Federal National Mortgage Association Charter Act will not be adversely affected thereby.

68 Stat. 622.
12 USC 1716 note.

79 STAT. 670

Compensation of personnel.

78 Stat. 419. 5 USC 2211. Delegation of authority.

Repeal.

68 Stat.623. 42 USC 1451.

60 Stat. 810. 5 USC 55a.

Working capital fund.

Seal.

(c) The Secretary is authorized, subject to the civil service and classification laws, to select, appoint, employ, and fix the compensation of such officers and employees, including attorneys, as shall be necessary to carry out the provisions of this Act and to prescribe their authority and duties: Provided, That any other provision of law to the contrary notwithstanding, the Secretary may fix the compensation for not more than six positions in the Department at the annual rate applicable to positions in level V of the Federal Executive Salary Schedule provided by the Federal Executive Salary Act of 1964.

(d) The Secretary may delegate any of his functions, powers, and duties to such officers and employees of the Department as he may designate, may authorize such successive redelegations of such functions, powers, and duties as he may deem desirable, and may make such rules and regulations as may be necessary to carry out his functions, powers, and duties. The second proviso of section 101 (c) of the Housing Act of 1949 is hereby repealed.

(e) The Secretary may obtain services as authorized by section 15 of the Act of August 2, 1946, at rates not to exceed $100 per diem for individuals.

(f) The Secretary is authorized to establish a working capital fund. to be available without fiscal year limitation, for expenses necessary for the maintenance and operation of such common administrative services as he shall find to be desirable in the interest of economy and efficiency in the Department, including such services as a central supply service for stationery and other supplies and equipment for which adequate stocks may be maintained to meet in whole or in part the requirements of the Department and its agencies: central messenger, mail, telephone, and other communications services; office space; central services for document reproduction and for graphics and visual aids; and a central library service. In addition to amounts appropriated to provide capital for said fund, which appropriations are hereby authorized, the fund shall be capitalized by transfer to it of such stocks of supplies and equipment on hand or on order as the Secretary shall direct. Such fund shall be reimbursed from available funds of agencies and offices in the Department for which services are performed at rates which will return in full all expenses of operation, including reserves for accrued annual leave and for depreciation of equipment.

(g) The Secretary shall cause a seal of office to be made for the Department of such device as he shall approve, and judicial notice shall be taken of such seal.

ANNUAL REPORT

SEC. 8. The Secretary shall, as soon as practicable after the end of each calendar year, make a report to the President for submission to the Congress on the activities of the Department during the preceding calendar year.

SAVINGS PROVISIONS

SEC. 9. (a) No cause of action by or against any agency whose functions are transferred by this Act, or by or against any officer of any agency in his official capacity, shall abate by reason of this enactment. Such causes of action may be asserted by or against the United States or such official of the Department as may be appropriate.

79 STAT. 671

(b) No suit, action, or other proceeding commenced by or against any agency whose functions are transferred by this Act, or by or against any officer of any such agency in his official capacity, shall abate by reason of the enactment of this Act. A court may at any time during the pendency of the litigation, on its own motion or that of any party, order that the same may be maintained by or against the United States or such official of the Department as may be appropriate.

(c) Except as may be otherwise expressly provided in this Act, all powers and authorities conferred by this Act shall be cumulative and additional to and not in derogation of any powers and authorities otherwise existing. All rules, regulations, orders, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to applicable law, prior to the effective date of this Act, by any agency, officer, or office pertaining to any functions, powers, and duties transferred by this Act shall continue in full force and effect after the effective date of this Act until modified or rescinded by the Secretary or such other officer or office of the Department as, in accordance with applicable law, may be appropriate. With respect to any function, power, or duty transferred by or under this Act and exercised hereafter, reference in another Federal law to the Housing and Home Finance Agency or to any officer, office, or agency therein, except the Federal National Mortgage Association and its officers, shall be deemed to mean the Secretary. The positions and agencies heretofore established by law in connection with the functions, powers, and duties transferred under section 5 (a) of this Act shall lapse.

SEPARABILITY

SEC. 10. Notwithstanding any other evidence of the intent of Congress, it is hereby declared to be the intent of Congress that if any provision of this Act, or the application thereof to any persons or circumstances, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Act or its application to other persons and circumstances, but shall be confined in its operation to the provision of this Act, or the application thereof to the persons and circumstances, directly involved in the controversy in which such judgment shall have

been rendered.

EFFECTIVE DATE AND INTERIM APPOINTMENTS

SEC. 11. (a) The provisions of this Act shall take effect upon the expiration of the first period of sixty calendar days following the date on which this Act is approved by the President, or on such earlier date as the President shall specify by Executive order published in the Federal Register, except that any of the officers provided for in sections 3(a), 4(a), and 4(b) of this Act may be nominated and appointed, as provided in such sections, at any time after the date this Act is approved by the President.

(b) In the event that one or more officers required by this Act to be appointed, by and with the advice and consent of the Senate, shall not have entered upon office on the effective date of this Act, the President may designate any person who was an officer of the Housing and Home Finance Agency immediately prior to said effective date to act in such

71-440 0-66-15

79 STAT. 671

office until the office is filled as provided in this Act or until the expiration of the first period of sixty days following said effective date, whichever shall first occur. While so acting such persons shall receive compensation at the rates provided by this Act for the respective offices in which they act.

Approved September 9, 1965.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 337 (Comm. on Government Operations) and No. 884 (Comm. of Conference).

SENATE REPORT No. 536 accompanying S. 1599 (Comm. on Government

Operations).

CONGRESSIONAL RECORD, Vol. 111 (1965):

June 15: Considered in House.

June 16: Considered and passed House.

Aug. 10: Considered in Senate.

Aug. 11: Considered and passed Senate, amended, in lieu of

S. 1599.

Aug. 30: Senate agreed to conference report.

Aug. 31: House agreed to conference report.

XIII. DEPARTMENT OF TRANSPORTATION ACT

(80 Stat. 931)

This act was the result of the enactment of H.R. 15963, 89th Congress. It was approved on October 15, 1966, as Public Law 670, 89th Congress. The text of the act appears in volume 80, Statutes at Large, pages 931-949.

A. LEGISLATIVE HISTORY OF PUBLIC LAW 670, 89TH CONGRESS

1. CONGRESSIONAL RECORD REFERENCES TO DEBATES, ETC.

(Page references are to daily Congressional Record)

H.R. 15963: Mr. Holifield; June 27, 1966, 13712; Committee on Government Operations. Reported back with amendment July 15, 1966 (H. Rept. 1701), 15247. House Resolution 935 reported July 27, 1966, 16465 (H. Rept. 1774). House Resolution 935 agreed to August 24, 1966, 19511. Debated in House August 24, 1966, 19509-19533; August 29, 1966, 20053-20072; August 30, 1966, 20342-20384. Passed House amended August 30, 1966, 20384. Referred to Senate Committee on Government Operations, September 1, 1966, 20641. Reported in Senate September 27, 1966, 23249 (S. Rept. 1660). Passed Senate amended September 27, 1966, 23446. House asks for a conference and conferees appointed October 4, 1966, 24040. Senate agrees to conference and conferees appointed October 5, 1966, 24244. Conference report filed October 12, 1966 (H. Rept. 2236). Senate agrees to conference report October 13, 1966, 25510. House agrees to conference report October 13, 1966, 25592. Approved October 13, 1966 (Public Law 670).

2. SERIAL NUMBERS TO BOUND VOLUMES OF CONGRESSIONAL REPORTS RELATING TO PUBLIC LAW 670, 89TH CONGRESS

House Report 1701, 89th Congress,

Senate Report 1660, 89th Congress,

House Report 2236 (conference), 89th Congress,

3. CONGRESSIONAL HEARINGS RELATING TO PUBLIC LAW 670, 89TH

CONGRESS

House Committee on Government Operations, 89th Congress: Creating a Department of Transportation (on H.R. 13200), parts 1 and 2, April-June 1966.

Senate Committee on Government Operations, 89th Congress: Establish a Department of Transportation, parts 1 through 4, MarchJune 1966.

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