80 STAT. 936 Report to Membership. Terms of office. Chairman, Vioo Subpena power, eto. Delegation of functions; exeoptions. (f) In the exercise of its functions, powers, and duties, the Board shall be independent of the Secretary and the other offices and officers of the Department. (g) The Board shall report to the Congress annually on the conduct of its functions under this Act and the effectiveness of accident investigations in the Department, together with such recommendations for legislation as it may deem appropriate. (h) The Board shall consist of five members to be appointed by the President, by and with the advice and consent of the Senate. No more than three members of the Board shall be of the same political party. Members of the Board shall be appointed with due regard to their fitness for the efficient dispatch of the functions, powers, and duties vested in and imposed upon the Board, and may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. (i) Members of the Board shall be appointed for terms of five years, except that (1) any member appointed to fill & vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term, and (2) the five members first appointed shall serve for terms (designated by the President at the time of appointment) ending on the last day of the first, second, third, fourth, and fifth calendar years beginning after the year of enactment of this Act. Upon the expiration of his term of office, a member shall continue to serve until his successor is appointed and shall have qualified. (j) The President shall designate from time to time one of the members of the Board as Chairman and one of the members as Vice Chairman, who shall act as Chairman in the absence or incapacity of the Chairman, or in the event of a vacancy in the office of the Chairman. The Chairman shall be the chief executive and administrative officer of the Board and shall exercise the responsibility of the Board with respect to (1) the appointment and supervision of personnel employed by the Board; (2) the distribution of business among the Board's personnel; and (3) the use and expenditure of funds. In executing and administering the functions of the Board on its behalf, the Chairman shall be governed by the general policies of the Board and by its decisions, findings, and determinations. Three of the members shall constitute a quorum of the Board. (k) The Board is authorized to establish such rules, regulations, and procedures as are necessary to the exercise of its functions. (1) In carrying out its functions, the Board (or, upon the authorization of the Board, any member thereof or any hearing examiner assigned to or employed by the Board) shall have the same powers as are vested in the Secretary to hold hearings, sign and issue subpenas, administer oaths, examine witnesses, and receive evidence at any place in the United States it may designate. (m) The Board may delegate to any officer or official of the Board, or, with the approval of the Secretary, to any officer or official of the Department such of its functions as it may deem appropriate, except that (1) with respect to aviation, the proviso in section 701 (g) of the Federal Aviation Act of 1958, as amended (72 Stat. 782; 49 U.S.C. 1441 (g)) shall apply to the Secretary, the Federal Aviation Administrator and their representatives, and (2) the Board shall not delegate the appellate or determination of probable cause functions transferred to it by section 6(d) of this Act. (n) Subject to the civil service and classification laws, the Board is authorized to select, appoint, employ, and fix compensation of such 80 STAT. 937 officers and employees, including investigators, attorneys and hearing examiners, as shall be necessary to carry out its powers and duties under this Act. (0) The Board is authorized, on a reimbursable basis when appro- Cooperation priate, to use the available services, equipment, personnel, and facili- with other ties of the Department and of other civilian or military agencies and agencies. instrumentalities of the Federal Government, and to cooperate with the Department and such other agencies and instrumentalities in the establishment and use of services, equipment, and facilities of the Board. The Board is further authorized to confer with and avail itself of the cooperation, services, records, and facilities of State, territorial, municipal, or other local agencies. TRANSFERS TO DEPARTMENT SEO. 6. (a) There are hereby transferred to and vested in the Sec- Commerce Deretary all functions, powers, and duties of the Secretary of Commerce partment. and other offices and officers of the Department of Commerce under (1) the following laws and provisions of law relating generally to highways: (A) Title 23, United State Code, as amended. (B) The Federal-Aid Highway Act of 1966 (80 Stat. 766). (C) The Federal-Aid Highway Act of 1962, as amended (76 Stat. 1145; 23 U.S.C. 307 note). (D) The Act of July 14, 1960, as amended (74 Stat. 526; 23 U.S.C. 313 note). (E) The Federal-Aid Highway Act of 1954, as amended (68 Stat. 70). (F) The Act of September 26, 1961, as amended (75 Stat. 670). (G) The Highway Revenue Act of 1956, as amended (70 Stat. 387; 23 U.S.C. 120 note). (H) The Highway Beautification Act of 1965, as amended (79 Stat. 1028; 23 U.S.C. 131 et seq. notes). 72 Stat. 885. Ante, p. 730. : 23 USC 136 (I) The Alaska Omnibus Act, as amended (73 Stat. 141; note. 48 U.S.C. 21 note prec.). (J) The Joint Resolution of August 28, 1965, as amended (79 Stat. 578; 23 U.S.C. 101 et seq. notes). (K) Section 502 (c) of the General Bridge Act of 1946, as amended (60 Stat. 847; 33 U.S.C. 525 (c)). (L) The Act of April 27, 1962, as amended (76 Stat. 59). (M) Reorganization Plan No. 7 of 1949 (63 Stat. 1070; 5 U.S.C. 1337-15 note). (2) the following laws and provisions of law relating generally to ground transportation: (A) The Act of September 30, 1965, as amended (79 Stat. 893; 49 U.S.C. 1631 et seq.). (B) The Urban Mass Transportation Act of 1964, as amended (78 Stat. 306, 49 U.S.C. 1607). (3) the following laws and provisions of law relating generally to aircraft: (A) The Act of September 7, 1957, as amended (71 Stat. 629; 49 U.S.C. 1324 note). (B) Section 410 of the Federal Aviation Act of 1958, as amended (72 Stat. 769; 49 U.S.C. 1380). (C) Title XIII of the Federal Aviation Act of 1958, as amended (72 Stat. 800; 49 U.S.C. 1531 et seq.). Ante, p. 199. 80 STAT. 938 75 Stat. 7891 76 Stat. 863; Ante, p. 262. Coast Guard. 63 Stat. 496. General Counsel. 70A Stat. 36. 19 USC 1347-1350, 1353-1355, 1501, 1505, 1511, 14211430, 1441-1443, 1471-1474, 15211523. 49 USC 1303. Civil Aeronautics (4) the following law relating generally to pilotage: The Great Lakes Pilotage Act of 1960, as amended (74 Stat. 259; 46 U.S.C. 216 et seq.). (5) the following law to the extent it authorizes scientific and professional positions which relate primarily to functions transferred by this subsection: The Act of August 1, 1947, as amended (61 Stat. 715; 5 U.S.C. 1161). (6) the following laws relating generally to traffic and highway safety: (A) The National Traffic and Motor Vehicle Safety Act of 1966 (80 Stat. 718). (B) The Highway Safety Act of 1966 (80 Stat. 731). (b) (1) The Coast Guard is hereby transferred to the Department, and there are hereby transferred to and vested in the Secretary all functions, powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other officers and offices of the Department of the Treasury. (2) Notwithstanding the transfer of the Coast Guard to the Department and the transfer to the Secretary of the functions, powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other officers and offices of the Department of the Treasury, effected by the provisions of paragraph (1) of this subsection, the Coast Guard, together with the functions, powers, and duties relating thereto, shall operate as a part of the Navy, subject to the orders of the Secretary of the Navy, in time of war or when the President shall so direct, as provided in section 3 of title 14, United States Code, as amended. (3) Notwithstanding any other provision of this Act, the functions, powers, and duties of the General Counsel of the Department of the Treasury set out in chapter 47 of title 10, United States Code, as amended (Uniform Code of Military Justice), are hereby transferred to and vested in the General Counsel of the Department. (c) (1) There are hereby transferred to and vested in the Secretary all functions, powers, and duties of the Federal Aviation Agency, and of the Administrator and other officers and offices thereof, including the development and construction of a civil supersonic aircraft: Provided, however, That there are hereby transferred to the Federal Aviation Administrator, and it shall be his duty to exercise the functions, powers, and duties of the Secretary pertaining to aviation safety as set forth in sections 306, 307, 308, 309, 312, 313, 314, 1101, 1105, and 1111, and titles VI, VII, IX, and XII of the Federal Aviation Act of 1958, as amended. In exercising these enumerated functions, powers, and duties, the Administrator shall be guided by the declaration of policy in section 103 of the Federal Aviation Act of 1958, as amended. Decisions of the Federal Aviation Administrator made pursuant to the exercise of the functions, powers, and duties enumerated in this subsection to be exercised by the Administrator shall be administratively final, and appeals as authorized by law or this Act shall be taken directly to the National Transportation Safety Board or to the courts, as appropriate. (2) Nothing in this Act shall affect the power of the President under section 302 (e) of the Federal Aviation Act of 1958 (72 Stat. 746, 49 U.S.C. 1343(c)) to transfer, to the Department of Defense in the event of war, any functions transferred by this Act from the Federal Aviation Agency. (d) There are hereby transferred to and vested in the Secretary all functions, powers, and duties of the Civil Aeronautics Board, and of the Chairman, members, officers, and offices thereof under titles VI (72 Stat. 775; 5 U.S.C. 1421 et seq.) and VII (72 Stat. 781; 49 U.S.C. 1441 et seq.) of the Federal Aviation Act of 1958, as amended: Pro vided, however, That these functions, powers, and duties are hereby transferred to and shall be exercised by the National Transportation Safety Board. Decisions of the National Transportation Safety Board made pursuant to the exercise of the functions, powers, and duties enumerated in this subsection shall be administratively final, and appeals as authorized by law or this Act shall be taken directly to the courts. 80 STAT. 939 (e) There are hereby transferred to and vested in the Secretary all Interstate functions, powers, and duties of the Interstate Commerce Commission, Commerce Comand of the Chairman, members, officers, and offices thereof, under (1) the following laws relating generally to safety appliances and equipment on railroad engines and cars, and protection of employees and travelers: (A) The Act of March 2, 1893, as amended (27 Stat. 531; 45 U.S.C. 1 et seq.). (B) The Act of March 2, 1903, as amended (32 Stat. 943; 45 U.S.C. 8 et seq.). (C) The Act of April 14, 1910, as amended (36 Stat. 298; 45 U.S.C. 11 et seq.). (D) The Act of May 30, 1908, as amended (35 Stat. 476; 45 U.S.C. 17 et seq.). (E) The Act of February 17, 1911, as amended (36 Stat. 913; 45 U.S.C. 22 et seq.). (F) The Act of March 4, 1915, as amended (38 Stat. 1192; 45 U.S.C. 30). mission. 43 Stat. 659. 54 Stat. 148. 5 USC 133z-15 (G) Reorganization Plan No. 3 of 1965 (79 Stat. 1320). (I) The Act of May 27, 1908, as amended (35 Stat. 325; 45 U.S.C. 36 et seq.). (J) The Act of March 4, 1909, as amended (35 Stat. 965; 45 U.S.C. 37). (K) The Act of May 6, 1910, as amended (36 Stat. 350; 45 U.S.C. 38 et seq.). (2) the following law relating generally to hours of service of employees: The Act of March 4, 1907, as amended (34 Stat. 1415; 45 US.C. 61 et seq.). (3) the following law relating generally to medals for heroism: The Act of February 23, 1905, as amended (33 Stat. 743; 49 U.S.C. 1201 et seq.). (4) the following provisions of law relating generally to explosives and other dangerous articles: Sections 831-835 of title 18, United States Code, as amended. (5) the following laws relating generally to standard time zones and daylight saving time: (A) The Act of March 19, 1918, as amended (40 Stat. 450; 15 U.S.C. 261 et seq.). (B) The Act of March 4, 1921, as amended (41 Stat. 1446; 15 U.S.C. 265). (C) The Uniform Time Act of 1966, as amended (80 Stat. 107). (6) the following provisions of the Interstate Commerce Act, as amended (A) relating generally to safety appliances methods and systems: Section 25 (49 U.S.C. 26). 74 Stat. 903. 71 Stat. 69. 74 Stat. 808; 79 Stat. 285. Ante, p. 108. 50 Stat. 835} (B) relating generally to investigation of motor vehicle 54 Stat. 919. sizes, weights, and service of employees: Section 226 (49 U.S.C. 325). 49 Stat. 5661 (C) relating generally to qualifications and maximum 54 Stat. 929. hours of service of employees and safety of operation and 80 STAT. 940 49 Stat. 546. 70 Stat. 958. 68 Stat. 526. 52 Stat. 1240. 49 USC 324. 41 Stat. 475; 49 Stat. 551; 52 Stat. 1238. Definitions. Federal Railroad Administrator. Federal Highway Department of the Army. equipment: Sections 204 (a) (1) and (2), to the extent that they relate to qualifications and maximum hours of service of employees and safety of operation and equipment; and sections 204(a) (3), (3a), and (5) (49 U.S.C. 304). (D) to the extent they relate to private carriers of property by motor vehicle and carriers of migrant workers by motor vehicle other than contract carriers: Sections 221 (a), 221(c), and 224 (49 U.S.C. 321 et seq.). (f) (1) Nothing in subsection (e) shall diminish the functions, powers, and duties of the Interstate Commerce Commission under sections 1(6), 206, 207, 209, 210a, 212, and 216 of the Interstate Commerce Act, as amended (49 U.S.C. 1(6), 306 et seq.), or under any other section of that Act not specifically referred to in subsection (e). (2)(A) With respect to any function which is transferred to the Secretary by subsection (e) and which was vested in the Interstate Commerce Commission preceding such transfer, the Secretary shall have the same administrative powers under the Interstate Commerce Act as the Commission had before such transfer with respect to such transferred function. After such transfer, the Commission may exercise its administrative powers under the Interstate Commerce Act only with respect to those of its functions not transferred by subsection (e). (B) For purposes of this paragraph (i) the term "function" includes power and duty, and Commerce Act" means any functions under the following provisions of the Interstate Commerce Act, as amended: Sections 12, 13(1), 13(2), 14, 16(12), the last sentence of 18(1), sections 20 (except clauses (3), (4), (11), and (12) thereof), 204 (a) (6) and (7), 204 (c), 204 (d), 205(d), 205 (f), 220 (except subsection (c) and the proviso of subsection (a) thereof), 222 (except subsections (b) (2) and (b) (3) thereof), and 417(b) (1) (49 U.S.C. 12 et seq., 304 et seq., and 1017). (3)(A) The Federal Railroad Administrator shall carry out the functions, powers, and duties of the Secretary pertaining to railroad and pipeline safety as set forth in the statutes transferred to the Secretary by subsection (e) of this section. (B) The Federal Highway Administrator shall carry out the functions, powers, and duties of the Secretary pertaining to motor carrier safety as set forth in the statutes transferred to the Secretary by subsection (e) of this section. (C) Decisions of the Federal Railroad Administrator and the Federal Highway Administrator (i) which are made pursuant to the exercise of the functions, powers, and duties enumerated in subparagraphs (A) and (B) of this paragraph to be carried out by the Administrators, and (ii) which involve notice and hearing required by law, shall be administratively final, and appeals as authorized by law or this Act shall be taken directly to the National Transportation Safety Board or the courts, as appropriate. (g) There are hereby transferred to and vested in the Secretary all functions, powers, and duties of the Secretary of the Army and other officers and offices of the Department of the Army under (1) the following law and provisions of law relating generally to water vessel anchorages: (A) Section 7 of the Act of March 4, 1915, as amended (38 Stat. 1053; 33 U.S.C. 471). (B) Article 11 of section 1 of the Act of June 7, 1897, as amended (30 Stat. 98; 33 U.S.C. 180). (C) Rule 9 of section 1 of the Act of February 8, 1895, as amended (28 Stat. 647; 33 U.S.C. 258). |