An Act to establish a Department of Transportation, and for other purposes
PL 89-670 (H.R.15963), enacted 10/15/1966

80 STAT. ] 
PUBLIC LAW 89-670-OCT. 15, 1966 
931 
Public Law 89-670 
AN A C T 
October 15, 1966 
To establish a Department of Transportation, and for other purposes. 
[H. R. 15963] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may be 
°* 
cited as the "Department of Transportation Act". 
AC^!^ 
DECLARATION OF PURPOSE 
SEC. 2. (a) The Congress hereby declares that the general welfare, 
the economic growth and stability of the Nation and its security require 
the development of national transportation policies and programs 
conducive to the provision of fast, safe, efficient, and convenient trans-
portation at the lowest cost consistent therewith and with other national 
objectives, including the efficient utilization and conservation of the 
Nation's resources. 
(b) (1) The Congress therefore finds that the establishment of a 
Department of Transportation is necessary in the public interest and to 
assure the coordinated, effective administration of the transportation 
programs of the Federal Government; to facilitate the development 
and improvement of coordinated transportation service, to be provided 
by private enterprise to the maximum extent feasible; to encourage 
cooperation of Federal, State, and local governments, carriers, labor, 
and other interested parties toward the achievement of national trans-
portation objectives; to stimulate technological advances in transporta-
tion ; to provide general leadership in the identification and solution of 
transportation problems; and to develop and recommend to the Presi-
dent and the Congress for approval national transportation policies 
and programs to accomplish these objectives with full and appropriate 
consideration of the needs of the public, users, carriers, industry, labor, 
and the national defense. 
(2) It is hereby declared to be the national policy that special effort 
should be made to preserve the natural beauty of the countryside and 
public park and recreation lands, wildlife and waterfowl refuges, and 
historic sites. 
ESTABLISHMENT OF DEPARTMENT 
SEC. 3. (a) There is hereby established at the seat of government an 
executive department to be known as the Department of Transporta-
tion (hereafter referred to in this Act as the "Department"). There 
secretary. 
shall be at the head of the Department a Secretary of Transporta-
tion (hereafter referred to in this Act as the "Secretary"), who shall 
l>e appointed by the President, by and Avith the advice and consent 
of the Senate. 
(b) There shall be in the Department an Under Secretary, who shall 
U"'^^'" secre-
be appointed by the President, by and with the advice and consent of *^'^^' 
the Senate. The Under Secretary (or, during the absence or disability 
of the Under Secretary, or in the event of a vacancy in the office of 
Under Secretary, an Assistant Secretary or the General Counsel, de-
termined according to such order as the Secretary shall prescribe) 
shall act for, and exercise the powers of the Secretary, during the 
absence or disability of the Secretary or in the event of a vacancy 
in the office of Secretary. The Under Secretary shall perform such 
functions, powers, and duties as the Secretary shall prescribe from 
time to time. 
(c) There shall be in the Department four Assistant Secretaries taJes'^^^nefaT'^^' 
and a General Counsel, who shall be appointed by the President, by cTounse?^"^" 
932 
PUBLIC LAW 89-670-OCT. 15. 1966 
[80 STAT. 
Assistant Secre-
tary for Adminis-
tration. 
Administrations, 
Federal Avia-
tion Administra-
tor, qualifications 
49 u s e 1341 
note. 
Coast Guard. 
Transfer of 
powers pro-
hibited. 
Ante, p. 393. 
National Traffic 
Safety Bureau. 
Ante, 
p. 463. 
National High-
way Safety Bureau, 
and with the advice and consent of the Senate, and who shall perform 
such functions, powers, and duties as the Secretary shall prescribe 
from time to time. 
(d) There shall be in the Department an Assistant Secretary for 
Administration, who shall be appointed, w^ith the approval of the 
President, by the Secretary under the classified civil service who shall 
perform such functions, powers, and duties as the Secretary shall 
prescribe from time to time. 
(e) (1) There is hereby established within the Department a Fed-
eral Highway Administration; a Federal Eailroad Administration; 
and a Federal Aviation Administration. Each of these components 
shall be headed by an Administrator, and in the case of the Federal 
Aviation Administration there shall also be a Deputy Administrator. 
The Administrators and the Deputy Federal Aviation Administrator 
shall be appointed by the President, by and with the advice and con-
sent of the Senate. 
(2) The qualifications of the Administrator of the Federal Aviation 
Agency specified in section 301(b) of the Federal Aviation Act of 
1958, as amended (72 Stat. 744; 49 U.S.C. 1341), and the qualifica-
tions and status of the Deputy Administrator specified in section 
302(b) of the Federal Aviation Act of 1958, as amended.(72 Stat. 744; 
49 U.S.C. 1342), shall apply, respectively, to the Administrator and 
Deputy Administrator of the Federal Aviation Administration. 
However, nothing in this Act shall be construed to preclude the ap-
pointment of the present Administrator of the Federal Aviation 
Agency as Administrator of the Federal Aviation Administration 
in accordance with the provisions of the Act of June 22, 1965, as 
amended (79 Stat. I7l). 
(3) In addition to such functions, powers, and duties as are specified 
in this Act to be carried out by the Administrators, the Administrators 
and the Commandant of the Coast Guard shall carry out such addi-
tional functions, powers, and duties as the Secretary may prescribe. 
The Administrators and the Commandant of the Coast Guard shall 
report directly to the Secretary. 
(4) The functions, powers, and duties specified in this Act to be 
carried out by each Administrator shall not be transferred elsewhere 
in the Department unless specifically provided for by reorganization 
plan submitted pursuant to provisions of chapter 9 of title 5, United 
States Code, or by statute. 
(f) (1) The Secretary shall carry out the provisions of the National 
Traffic and Motor Vehicle Safety Act of 1966 (80 Stat. 718) through a 
National Traffic Safety Bureau (hereafter referred to in this para-
graph as "Bureau"), which he shall establish in the Department of 
Transportation. 
The Bureau shall be headed by a Director who shall 
be appointed by the President, by and with the advice and consent of 
the Senate, and shall be compensated at the rate prescribed for level V 
of the Executive Schedule. All other provisions of the National 
Traffic and Motor Vehicle Safety Act of 1966 shall apply. 
(2) The Secretary shall carry out the provisions of the Highway 
Safety Act of 1966 (80 Stat. 731) (including chapter 4 of title 23 of 
the United States Code) through a National Highway Safety Bureau 
(hereafter referred to in this paragraph as "Bureau"), which he shall 
establish in the Department of Transportation. 
The Bureau shall be 
headed by a Director who shall be appointed by the President, by and 
with the advice and consent of the Senate, who shall be compensated at 
the rate prescribed for level V of the Executive Schedule. All other 
provisions of the Highway Safety Act of 1966 shall apply. 
(3) The President is authorized, as provided in section 201 of the 
Highway Safety Act of 1966, to carry out the provisions of the 
80 STAT. ] 
PUBLIC LAW 89-670-OCT. 15, 1966 
933 
National Traffic and Motor Vehicle Safety Act of 1966 through the 
^'«' P- ^'S-
Bureau and Director authorized by section 201 of the Highway Safety 
Act of 1966. 
^"'«. p- 731. 
(4) The office of Federal Highway Administrator, created by section p^^^c'^Road^s 
303 of title 23, United States Code, is hereby transferred to and con- 
75 stat. 822; 
tinned within the Department under the title Director of Public Roads. 78 stat. 425. 
The Director shall be the operating head of the Bureau of Public 
Roads, or any other agency created within the Department to carry out 
the primary functions carried out immediately before the effective date 
of this Act by the Bureau of Public Roads. 
GENERAL PROVISIONS 
Duties of 
Secretary. 
SEC. 4. (a) The Secretary in carrying out the purposes of this Act 
shall, among his responsibilities, exercise leadership under the di-
rection of the President in transportation matters, including those 
affecting the national defense and those involving national or regional 
emergencies; provide leadership in the development of national trans-
portation policies and programs, and make recommendations to the 
President and the Congress for their consideration and implementa-
tion; promote and undertake development, collection, and dissemina-
tion of technological, statistical, economic, and other information 
relevant to domestic and international transportation; consult and 
cooperate with the Secretary of Labor in gathering information re-
garding the status of labor-management contracts and other labor-
management problems and in promoting industrial harmony and 
stable employment conditions in all modes of transportation; pro-
mote and undertake research and development relating to transporta-
tion, including noise abatement, with particular attention to aircraft 
noise; consult with the heads of other Federal departments and agen-
cies on the transportation requirements of the Government, including 
the procurement of transportation or the operation of their own trans-
port services in order to encourage them to establish and observe 
policies consistent with the maintenance of a coordinated transporta-
tion system; and consult and cooperate with State and local govern-
ments, carriers, labor, and other interested parties, including, when 
appropriate, holding informal public hearings. 
(b) (1) In carrying out his duties and responsibilities under this 
Act, the Secretary shall be governed by all applicable statutes in-
cluding the policy standards set forth in the Federal Aviation Act 
of 1958, as amended (49 U.S.C. 1301 et seq.) ; the national transpor- 
7 2 stat. 731. 
tation policy of the Interstate Commerce Act, as amended (49 U.S.C, 
preceding §§ 1, 301, 901, and 1001) ; title 23, United States Code, re-
lating to Federal-aid highways; and title 14 U.S.C., titles L I I and 
L I I I of the Revised Statutes (46 U.S.C, chs. 2A, 7, 11, 14, 15, and 
63 stlT. 4V5'. 
18), the Act of April 25, 1940, as amended (54 Stat. 163; 46 U.S.C. 
526-526u), and the Act of September 2, 1958, as amended (72 Stat. 
1754; 46 U.S.C 527-527h), relating to the United States Coast Guard. 
(2) Nothing in this Act shall be construed to authorize, without 
appropriate action by Congress, the adoption, revision, or implemen-
tation of— 
(A) any transportation policy, or 
(B) any investment standards or criteria. 
(3) In exercising the functions, powers, and duties conferred on 
and transferred to the Secretary by this Act, the Secretary shall give 
full consideration to the need for operational continuity of the func-
tions transferred, to the need for effectiveness and safety in transpor-
tation systems, and to the needs of the national defense. 
(c) Orders and actions of the Secretary or the National Transpor- 
Judicial review 
tation Safety Board in the exercise of functions, powers, and duties 
24 Stat. 379. 
72 Stat. 885. 
23 u s e 101-131 
934 
PUBLIC LAW 89-670-OCT. 15, 1966 
[80 
STAT. 
Safety records 
of applicants, 
investigation. 
Transportation 
activities. 
Cooperation 
with HUD Secre-
tary. 
Reports to 
President and 
Congress. 
transferred under this Act, and orders and actions of the Adminis-
trators pursuant to the functions, powers, and duties specifically 
assigned to them by this Act, shall be subject to judicial review to the 
same extent and in the same manner as if such orders and actions 
had been by the department or agency exercising such functions, 
powers, and duties immediately preceding their transfer. Any statu-
tory requirements relating to notice, hearmgs, action upon the record, 
or administrative review that apply to any function transferred by 
this Act shall apply to the exercise of such functions by the Secretary, 
the Administrators, or the National Transportation Safety Board. 
(d) In the exercise of the functions, powers, and duties transferred 
under this Act, the Secretary, the Administrators, and the National 
Transportation Safety Board shall have the same authority as that 
vested in the department or agency exercising such functions, powers, 
and duties immediately preceding their transfer, and their actions 
in exercising such functions, powers, and duties shall have the same 
force and effect as when exercised by such department or agency. 
(e) It shall be the duty of the Secretary— 
(1) to promptly investigate the safety compliance records in 
the Department of each applicant seeking operating authority 
from the Interstate Commerce Commission (referred to in this 
subsection as the "Commission") and to report his findings to the 
Commission; 
(2) when the safety record of an applicant for permanent oper-
ating authority, or for approval of a proposed transaction in-
volving transfer of operating authority, fails to satisfy the Secre-
tary, to intervene and present evidence of such applicant's fitness 
in Commission proceedings; 
(3) to furnish promptly upon request of the Commission a 
statement regarding the safety record of any applicant seeking 
temporary operating authority from the Commission; and 
(4) (A) to furnish upon request of the Commission a complete 
report of the safety compliance of any carrier, (B) to have made 
such additional inspections or safety compliance surveys which 
the Commission deems necessary or desirable in order to process 
an application or to determine the fitness of a carrier, and (C) if 
the Commission so requests, to intervene and present evidence in 
any proceeding in which a determination of fitness is required. 
(f) The Secretary shall cooperate and consult with the Secretaries 
of the Interior, Housing and Urban Development, and Agriculture, 
and with the States in developing transportation plans and programs 
that include measures to maintain or enhance the natural beauty of the 
lands traversed. 
After the effective date of this Act, the Secretary 
shall not approve any program or project which requires the use of 
any land from a public park, recreation area, wildlife and waterfowl 
reiuge, or historic site unless (1) there is no feasible and prudent alter-
native to the use of such land, and (2) such program includes all pos-
sible planning to minimize harm to such park, recreational area, 
wildlife and waterfowl refuge, or historic site resulting from such use. 
(g) The Secretary and the Secretary of Housing and Urban Devel-
opment sliall consult and exchange information regarding their 
respective transportation policies and activities; carry on joint plan-
ning, research and other activities; and coordinate assistance for local 
transportation projects. 
They shall jointly study how Federal policies 
and programs can assure that urban transportation systems most 
effectively serve both national transportation needs and the compre-
hensively planned development of urban areas. They shall, within 
one year after the effective date of this Act, and annually thereafter, 
report to the President, for submission to the Congress, on their studies 
80 STAT. ] 
PUBLIC LAW 89-670-OCT. 15, 1966 
935 
and other activities under this subsection, including any legislative 
recommendations which they determine to be desirable. 
The Secre-
tary and the Secretary of Housing and Urban Development shall study 
and report within one year after the effective date of this Act to the 
President and the Congress on the logical and efficient organization and 
location of urban mass transportation functions in the Executive 
Branch. 
NATIONAL TRANSPORTATION SAFETY BOARD 
SEC. 5. (a) There is hereby established within the Department a 
National Transportation Safety Board (referred to hereafter in this" 
Act as "Board"). 
(b) There are hereby transferred to, and it shall be the duty of the 
duties. 
Board to exercise, the functions, powers, and duties transferred to the 
Secretary by sections 6 and 8 of this Act with regard to— 
(1) determining the cause or probable cause of transportation 
accidents and reporting the facts, conditions, and circumstances 
relating to such accidents; and 
(2) reviewing on appeal the suspension, amendment, modifica-
tion, revocation, or denial of any certificate or license issued by 
the Secretary or by an Administrator, 
(c) The Board shall exercise the functions, powers, and duties 
relating to aircraft accident investigations transferred to the Secretary 
by section 6(d) of this Act. 
(d) The Board is further authorized to— 
(1) make such recommendations to the Secretary or Adminis-
trators on the basis of the exercise of its functions, powers, and 
duties which, in its opinion, will tend to prevent transportation 
accidents and promote transportation safety; 
(2) conduct special studies on matters pertaining to safety in 
transportation and the prevention of accidents; 
(3) insure that in cases in which it is required to determine 
cause or probable cause, reports of investigation adequately state 
the circumstances of the accident involved; 
(4) initiate on its own motion or conduct rail, highway, or 
pipeline accident investigations as the Board deems necessary 
or appropriate; 
(5) make recommendations to the Secretary or Administrators 
concerning rules, regulations, and procedures for the conduct of 
accident investigations; 
(6) request the Secretary or Administrators to initiate specific 
accident investigations or conduct further investigations as the 
Board determines to be necessary or appropriate; 
(7) arrange for the personal participation of members or other 
P
ersonnel of the Board in accident investigations conducted by the 
ecretary or Administrators in such cases as it deems appropriate; 
and 
(8) request from the Secretary or Administrators notification 
of transportation accidents and reports of such accidents as the 
Board deems necessary. 
(e) Except as otherwise provided by statute, the Board shall make et<f 
^^v'^iiabli-^' 
public all reports, orders, decisions, rules, and regulations issued pur- uy." ^""^^ ^ 
suant to sections 5(b) (1) and 5(b) (2), and the Board shall also make 
public— 
(1) every recommendation made to the Secretary or an Admin-
istrator ; 
(2) every special study conducted; and 
(3) every action of the Board requesting the Secretary or an 
Administrator to take Eiction, 
pursuant to section 5(d)(1), (2), (3), (5), (6), or (8). 
936 
PUBLIC LAW 89-670-OCT. 15, 1966 
[80 STAT. 
Report to 
Congress. 
Membership. 
Terms of office. 
Chairman, Vice 
Chairman. 
Subpena power, 
etc. 
Delegation of 
functions; ex-
ceptions. 
(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 con-
duct 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 politi-
cal 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 a vacancy occur-
ring prior to the expiration of the term for which his predecessor was 
appomted shall be appointed only for the remainder of such term, 
and (2) the five members first appointed shall serve for terms (desig-
nated 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 ex-
piration 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 Chair-
man. 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 authori-
zation 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 sub-
penas, 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 resj)ect 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 Avia-
tion 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. ] 
PUBLIC LAW 89-670-OCT. 15, 1966 
937 
officers and employees, inchiding- investigators, attorneys and hearing 
examiners, as shall be necessary to carry out its powers and duties 
under this Act. 
(o) The Board is authorized, on a reimbursable basis when appro- 
cooperation 
l)riate, to use the available services, equipment, personnel, and facili- ^es.° ^' ^^^"" 
ties of the Department and of other civilian or military agencies and 
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 
SEC. 6. (a) There are hereby transferred to and vested in the Sec- ^"^^^'^''^ ^^' 
retary all functions, powers, and duties of the Secretary of Commerce 
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. 
^2 stat. sss. 
(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). 
^ te, p. 730. 
(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). 
23 use ue 
(I) The Alaska Omnibus Act, as amended (73 Stat. 141; "°'^' 
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. 133Z-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 etseq.). 
(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 X I I I of the Federal Aviation Act of 1958, as 
amended (72 Stat. 800; 49 U.S.C. 1531 et seq.). 
^"'^' P- i'^^-
938 
PUBLIC LAW 89-670-OCT. 15, 1966 
[80 STAT. 
75 Stat. 789; 
76 Stat. 863; 
Ante, p. 262. 
Coast Guard. 
63 Stat. 496. 
General Coun-
sel. 
70A Stat. 36. 
10 u s e 801-940. 
Federal Avia-
tion Agency. 
49 u s e 1347-
1350, 13S3-13S5, 
1501, 1505, 1511, 
1421-1430, 1441-
1443, 1471-1474, 
1521-1523. 
49 u s e 1303. 
Civil Aeronau-
tics Board. 
(4) the following law relating generally to pilotage: The Great 
Lakes Pilotage Act of 1960, as amended (74 Stat. 259; 46 U.S.C. 
216etseq.). 
(5) the following law to the extent it authorizes scientific and 
professional positions which relate primarily to functions trans-
ferred by this subsection: The Act of August 1,1947, as amended 
(61Stat.7l5;5y.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 Secretai-y all 
functions, powers, and duties, relating to the Coast Guard, of the 
Secretarj^ of the Treasury and of other officers and offices of the De-
partment of the Treasury. 
(2) Notwithstanding the transfer of the Coast Guard to the Depart-
ment 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 oi the Navy, m 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, 
powei"S, 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: Pro-
vided, hotoever, That there are hereby transferred to the Federal Avia-
tion Administrator, and it shall be his duty to exercise the functions, 
powders, 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 X I I 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 administra-
tively 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 powder of the President 
under section 302(e) of the Federal Aviation Act of 1958 (72 Stiit. 
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-
Interstate Com-
merce Commis-
80 STAT. ] 
PUBLIC LAW 89-670-OCT. 15, 1966 
939 
cided^ 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. 
(e) There are hereby transferred to and vested in the Secretary all 
functions, powers, and duties of the Interstate (commerce Commission, 
and 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: 
45U.S.C. letseq.). 
(B) The Act of March 2, 1903, as amended (32 Stat. 943; 
45U.S.C. Setseq.). 
(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.). 
^3 stat. 659. 
(F) The Act of March 4,1915, as amended (38 Stat. 1192; 
45 U . S . C . 3 0 ) . 
54 Stat. 148. 
(G) Eeorganization Plan No. 3 of 1965 (79 Stat. 1320). 
J^^usc lasz-is 
(H) Joint Resolution of June 30, 1906, as amended (34 
Stat. 838; 45 U.S.C. 35). 
(I) The Act of May 27, 1908, as amended (35 Stat. 325; 
45U.S.C. 36et 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. 38et_seq.). 
74 stat. 903. 
(2) the following law relating generally to hours of service of 
employees: The Act of March 4, 1907, as amended (34 Stat. 1415; 
45U.S.C. 61etseq.). 
(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.]. 
.
.
. 
71 stat. 69. 
(4) the following provisions of law relating generally to ex-
plosives and other dangerous articles: Sections 831-835 of title 18, 
United States Code, as amended. 
79^sta!r*2;S*' 
(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.). 
^"'^' P- ^°«-
(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). 
so stat. 835; 
^ (B) relating generally to investigation of motor vehicle ^'^ ^'^*" ^ ^^' 
sizes, weights, and service of employees: Section 226 (49 
U . S . C . 325).^ 
_49Stat^566; 
(C) relating generally to qualifications and maximum 
hours of service of employees and safety of operation and 
54 stat. 929. 
940 
PUBLIC LAW 89-670-OCT. 15, 1966 
[80 STAT. 
49 Stat. 546. 
70 Stat. 958. 
68 Stat. 5 26. 
52 Stat. 1240. 
41 Stat. 475; 
49 Stat. 551; 
Definitions. 
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 
vehidle 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 Com-
merce Act, .as amended (49 U.S.C. 1(6), 306 et seq.), or under any 
52 Stat. 1238. 
othcr scctiou 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 exer-
cise its administrative powers under the Interstate Commerce Act 
only with respect to those of its functions not transferred by subsec-
tion (e). 
(B) For purposes of this paragraph— 
(i) the term "function" includes power and duty, and 
(ii) the term "administrative powers under the Interstate Com-
merce 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, 
Admfn^tralof'^^'' 
. ( B ) t h e Federal Highway Administrator shall Carry out the fuuc-
tions, powers, and duties of the Secretary pertaining to motor carrier 
safety as set forth in the statutes transferred to the Secretary by sub-
section (e) of this section. 
(C) Decisions of the Federal Railroad Administrator .and the Fed-
eral Highway Administrator (i) which are made pursuant to the 
exercise of the functions, powers, and duties enumerated in subpara-
graphs (A) and (B) of this p.aragraph to be carried out by the Admin-
istrators, 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. 
th^!\rm''"^"* °^ 
(^) 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). 
Federal Railroad 
Administrator. 
80 STAT. 
PUBLIC LAW 89-670-OCT. 15, 1966 
941 
(D) Eule numbered 13 of section 4233 of the Revised Stat-
utes, as amended (33 U.S.C. 322). 
(2) the following provision of law relating generally to draw-
bridge operating regulations: Section 5 of the Act of August 18, 
1894, as amended (28 Stat. 362; 33 U.S.C. 499). 
(3) the following law relating generally to obstructive bridges: 
The Act of June 21, 1940, as amended (54 Stat. 497; 33 U.S.C. 
511 eb seq.). 
(4) the following laws and provisions of law relating generally 
to the reasonableness of tolls: 
(A) Section 4 of the Act of March 23, 1906, as amended 
(34 Stat. 85; 33 U.S.C. 494). 
(B) Section 503 of the General Bridge Act of 1946, as 
amended (60 Stat. 847; 33 U.S.C. 526). 
(C) Section 17 ,of the Act of June 10, 1930, as amended 
(46 Stat. 552; 33 U.S.C. 498a). 
(D) The Act of June 27, 1930, as amended (46 Stat. 821; 
33 U.S.C. 498b). 
(E) The Act of August 21,1935, as amended (49 Stat. 670; 
33 U.S.C. 503 et seq.). 
(5) the following law relating to prevention of pollution of the 
sea by oil: The Oil Pollution Act, 1961, as amended (75 Stat. 402; 
33 U.S.C. 1001 et seq.). 
(6) the following laws and provision of law to the extent that 
they relate generally to the location and clearances of bridges and 
causeways in the navigable waters of the United States: 
(A) Section 9 of the Act of March 3, 1899, as amended, 
(30 Stat. 1151; 33 U.S.C. 401). 
(B) The Act of March 23, 1906, as amended (34 Stat. 84; 
33 U.S.C. 491 et seq.). 
(C) The General Bridge Act of 1946; as amended (60 Stat. 
847; 33 U.S.C. 525 etseq.). 
(h) The provisions of subchapter I I of chapter 5 and of chapter 7 of 
litle 5, United States Code, shall be applicable to proceedings by the 
Ante, pp.asi, 
Department and any of the administrations or boards within the De- ^^ ^' 
partment established by this Aot except that notwithstanding this or 
any other provision of this Act, the transfer of functions, powders, and 
duties to the Secretary or any other officer in the Department shall not 
include functions vested by subchapter I I of chapter 5 of title 5, United 
States Code, in hearing examiners employed by any department, 
agency, or component thereof whose functions are transferred under 
the provisions of this Act. 
(i) The administration of the Alaska Railroad, established pursuant 
to the Act of March 12,1914, as amended (38 Stat. 308), and all of the 
functions authorized to be carried out by the Secretary of the Interior 
pursuant to Executive Order Numbered" 11107, April 25,1963 (28 F.R, 
4225), relative to the operation of said Railroad, are hereby transferred .ggo^p^' ^^^^" 
to and vested in the Secretary of Transportation who shall exercise the ygy, °"^" ^' 
same authority with respect thereto as is now exercised by the Secretary 
of the Interior pursuant to said Executive order. 
TRANSPORTATIOX INVESTMENT STANDARDS 
SEC. 7. (a) The Secretary, subject to the provisions of section 4 of 
this Act, shall develop and from time to time in the light of experience 
revise standards and criteria consistent with national transportation 
policies, for the formulation and economic evaluation of all proposals 
for the investment of Federal funds in transportation facilities or 
equipment, except such proposals as are concerned with (1) the acqui-
sition of transportation facilities or equipment by Federal agencies in 
65-300 0-67—62 
942 
PUBLIC LAW 89-670-OCT. 15, 1966 
[80 STAT. 
providing transportation services for their own use; (2) an inter-
oceanic canal located outside the contiguous United States; (3) defense 
features included at the direction of the Department of Defense in the 
design and construction of civil air, sea, and land transportation; (4) 
programs of foreign assistance; (5) water resource projects; or (6) 
grant-in-aid programs authorized by law. The standards and criteria 
developed or revised pursuant to this subsection shall be promulgated 
by the Secretary upon their approval by the Congress. 
strndard^^""'^'^^^' 
'^^^ staudards and criteria for economic evaluation of water resource 
projects shall be developed by the Water Resources Council established 
42 use i
^
9
6
^
2
a 
^^ Public Law 89-80. For the purpose of such standards and criteria, 
the primary direct navigation benefits of a water resource project are 
defined as the product of the savings to shippers using the waterway 
and the estimated traffic that would use the waterway; where the sav-
ings to shippers shall be construed to mean the difference between (a) 
the freight rates or charges prevailing at the time of the study for 
the movement by the alternative means and (b) those which would be 
charged on the proposed waterway; and where the estimate of traffic 
that would use the waterway will be based on such freight rates, tak-
ing into account projections of the economic growth of the area. 
The Water Resources Council established under section 101 of Pub-
lic Law 89-80 is hereby expanded to include the Secretary of Trans-
portation on matters pertaining to navigation features of water 
resource projects. 
(b) Every survey, plan, or report formulated by a Federal agency 
which includes a proposal as to which the Secretary has promulgated 
standards and criteria pursuant to subsection (a) shall be (1) prepared 
in accord with such standards and criteria and upon the basis of infor-
mation furnished by the Secretary with respect to projected growth of 
transportation needs and traffic in the affected area, the relative effi-
ciency of various modes of transport, the available transportation 
services in the area, and the general effect of the proposed investment 
on existing modes, and on the regional and national economy; (2) 
coordinated by the proposing agency with the Secretary and, as appro-
priate, with other Federal agencies, States, and local units of govern-
ment for inclusion of his and their views and comments; and (3) 
transmitted thereafter by the proposing agency to the President for 
disposition in accord with law and procedures established by him. 
AMENDMENTS TO OTHER LAWS 
SEC. 8. (a) Section 406(b) of the Federal Aviation Act of 1958, 
as amended (72 Stat. 763; 49 U.S.C. 1376(b)), is amended by adding 
the following sentence at the end thereof: "In applying clause (3) 
of this subsection, the Board shall take into consideration any stand-
ards and criteria prescribed by the Secretary of Transportation, for 
determining the character and quality of transportation required for 
the commerce of the United States and the national defense." 
(b) Section 201 of the Appalachian Regional Development Act 
^^40 uscapp. 
(,f 1965^ as amended (79 Stat. 10; 40 U.S.C. App. 206) is amended as 
follows: 
(1) The first sentence of subsectioti (a) of that section is amended 
b}- striking the words "Commerce (hereafter in this section referred 
to as the 'Secretary')" and inserting in lieu thereof "Transportation". 
(2) The last sentence of subsection (a) of that section is amended 
by inserting after the word "Secretary", the words "of Transporta-
tion". 
(3) Subsection (b) of that section is amended by inserting after 
the word "Secretary", the words "of Commerce". 
$0 
STAT.] 
PUBLIC LAW 8 9 - 6 7 0 - O C T . 15, 1966 
943 
(4) Subsection (c) of that section is amended by striking the first ^9 stat. ii. 
sentence and inserting in lieu thereof the following sentence: "Such aol*! ^^^ ^^^' 
recommendations as are approved by the Secretary of Commerce shall 
be transmitted to the Secretary of Transportation for his approval." 
(5) The second sentence of subsection (c) of that section is amended 
by inserting after the word "Secretary" the words "of Transporta-
tion". 
(6) Subsection (e) of that section is amended by inserting after 
the word "Secretary" the words "of Transportation". 
(7) Subsection (f) of that section is amended by inserting after 
the word "Secretary", the words "of Commerce and the Secretary of 
Transportation". 
Subsection (f) of that section is further amended 
by strncing the word "determines" and inserting in lieu thereof "deter-
mine". 
(8) Subsection (g) of that section is amended by striking the period 
at the end thereof,and .adding the following: "to the Secretary of 
Commerce, who shall transfer funds to the Secretary of Transportation 
for adminstration of projects approved by both Secretaries." 
(c) Section 206(c) of the Appalachian Kegional Development Act 
of 1965, as amended (79 Stat. 15; 40 U.S.C. App. 206), is amended 
by inserting after "Interior," the words "Secretary or Transporta-
tion,". 
(d) Section 212(a) of the Interstate Commerce Act, as amended 
(49 Stat. 555), is amended by striking "of the Commission" the second, 
^2 stat. 1238. 
third, and fourth times those words occur. 
(e) Section 13(b)(1) of the Fair Labor Standards Act of 1938, 
as amended (52 Stat. 1067), is amended by striking the words "Inter- 
^g use 2
^
^
3 
state Commerce Commission" and inserting in lieu thereof "Secretary 
of Transportation". 
(f) The second sentence of section 3 of the Federal Explosives Act, 
as amended (40 Stat. 386; 50 U.S.C. 123) is amended to read as follows: 
^e stat. 1022. 
"This Act shall not apply to explosives or ingredients which are in 
transit upon vessels, railroad cars, aircraft, or other conveyances in 
conformity with statutory law or with the rules and regulations of 
the Secretary of Transportation." 
(g) (1) Section 1 of the Act of May 13,1954, as amended (68 Stat. 
93; 33 U.S.C. 981), is amended to read as follows: 
"SECTION 1. There is hereby created, subject to the direction and 
supervision of the Secretary of Transportation, a body corporate to 
be known as the Saint Lawrence Seaway Development Corporation 
(hereinafter referred to as the 'Corporation')." 
(2) Notwithstanding any other provision of this Act, the Adminis-
trator of the Saint Lawrence Seaway Development Corporation shall 
report directly to the Secretary. 
(h) Section 201 of the Highway Safety Act of 1966 (80 Stat. 731) is 
amended by striking the words "Federal Highway Administrator" and 
inserting in lieu thereof the words "Director of Public Roads", by 
striking the word "Agency" wherever it occurs in such section and 
inserting in lieu thereof the word "Bureau", and by striking "an 
Administrator" or "Administrator", wherever appearing therein, and 
inserting in lieu thereof "a Director" or "Director", respectively. 
(i) Section 115 of the National Traffic and Motor Vehicle Safety Act 
of 1966 (80 Stat. 718) is amended by striking the word "Agency" 
wherever it occurs in such section and inserting in lieu thereof the word 
"Bureau", and 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 Develop-
ment Act of 1966 (80 Stat. 204) is amended by strikmg the words "the 
Treasury" and inserting in lieu thereof "Transportation". 
944 
PUBLIC LAW 89-67Q-OCT. 15,1966 
[80 
STAT. 
Ante, p. 829. 
(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". 
Appointment of 
personnel. 
Experts and con-
sultants. 
Ante, p. 416. 
Detail of mili-
tary personnel to 
Departmenti. 
Report to con-
gressional com-
mittees. 
Delegation and 
redelegation of 
functions. 
ADMINISTRATIVE 
PROVISIONS 
SEC. 9. (a) In addition to the authority contained in any other Act 
which is transferred to and vested in the Secretary, the National Trans-
portation Safety Board, or any other officer in the Department, 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 investigators, attorneys, and hearing exam-
iners, as are necessary to carry out the provisions of this Act and to 
prescribe their authority and duties. 
(b) The Secretary may obtain services as authorized by section 3109 
of title 5 of the United States Code, but at rates not to exceed $100 per 
diem for individuals unless otherwise specified in an appropriation Act. 
(c) The Secretary is authorized to provide for participation of mili-
tary personnel in carrying out the functions of the Department. 
Members of the Army, the Navy, the Air Force, or the Marine Corps 
may be detailed for service in the Department by the appropriate Sec-
retary, pursuant to cooperative agreements with the Secretary of 
Transportation. 
(d) (1) Appointment, detail, or assignment to, acceptance of, and 
service in any appointive or other position in the Department under 
the authority of section 9(c) and section 9(p) shall in no way affect 
status, office, rank, or grade which officers or enlisted men may occupy 
or hold or any emolument, perquisite, right, privilege, or benefit inci-
dent to or arising out of any such status, office, rank, or grade, nor shall 
any member so appointed, detailed, or assigned be charged against any 
statutory limitation on grades or strengths applicable to the Armed 
Forces. A person so appointed, detailed, or assigned shall not be 
subject to direction by or control by his armed force or any officer 
thereof directly or indirectly with respect to the responsibilities exer-
cised in the position to which appointed, detailed, or assigned. 
(2) The Secretary shall report annually in writing to the appropri-
ate committees of the Congress on personnel appointed and agreements 
entered into under subsection (c) of this section, including the number, 
rank, and positions of members of the armed services detailed pursuant 
thereto. 
(e)(1) Except where this Act vests in any administration, agency or 
board, specific functions, powers, and duties, the Secretary may, in 
addition to the authority to delegate and redelegate contained in any 
other Act in the exercise of the functions transferred to or vested in 
the Secretary in this Act, delegate any of his residual functions, powers 
and duties to such officers and employees of the Department as he may 
designate, may authorize such successive redelegations of such func-
tions, powers, and duties as he may deem desirable, and may make such 
rules and regulations as may be necessary to carry out his functions, 
l)owers, and duties. 
(2) In addition to the authority to delegate and redelegate con-
tained in any other Act, in the exercise of the functions transferred to 
or specified by this Act to be carried out by any officer in the Depart-
ment, such officer may delegate any of such functions, powers, and 
duties to such other 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 such 
functions, powers, and duties. 
80 STAT. ] 
PUBLIC LAW 89-670-OCT. 15, 1966 
945 
(3) The Administrators established by section 3 (e) of this Act may 
not delegate any of the statutory duties and responsibilities specifically 
assigned to them by this Act outside of their respective adminis-
trations. 
(f) The personnel, assets, liabilities, contracts, property, records, 
and unexpended balances of appropriations, authorizations, alloca-
tions, and other funds employed, held, used, arising from, available or ^Jons 
to be made available, of the Federal Aviation Agency, and of the head 
and other officers and offices thereof, are hereby transferred to the Sec-
retary : Provided^ howe'ver^ That the personnel, assets, liabilities, con-
tracts, property, records, and unexpended balances of appropriations, 
authorizations, allocations, and other funds employed, held, used, aris-
ing from, available, or to be made available in carrying out the duties 
and functions transferred by this Act to the Secretary which are speci-
fied by this Act to be carried out by the Federal Aviation Adminis-
trator shall be assigned by the Secretary to the Federal Aviation 
Administrator for these purposes. 
(g) So much of the positions, personnel, assets, liabilities, contracts, 
property, records, and unexpended balances of appropriations, author-
izations, allocations, and other funds employed, held, used, arising 
from, available or to be made available in connection with the func-
tions, powers, and duties transferred by sections 6 (except section 6 (c)) 
and 8 (d) and (e) of this Act as the Director of the Bureau of the 
Budget shall determine shall be transferred to the Secretary: Provided, 
however^ That the positions, personnel, assets, liabilities, contracts, 
property, records, and unexpended balances of appropriations, author-
izations, allocations, and other funds employed, held, used, arising 
from, available, or to be made available, by the Civil Aeronautics Board 
in carrying out the duties transferred by this Act to be exercised by 
the National Transportation Safety Board shall be transferred to the 
National Transportation Safety Board. 
Except as provided in sub-
section (h), personnel engaged in functions, powers, and duties trans-
ferred under this Act shall be transferred in accordance with applicable 
laws and regulations relating to transfer of functions. 
(h) The transfer of personnel pursuant to subsections (f) and (g) 
of this section shall be without reduction in classification or compen-
sation for one year after such transfer. 
(i) In any case where all of the functions, powers, and duties of any 
office or agency, other than the Coast Guard, are transferred pursuant 
to this Act, such office or agency shall lapse. Any person who, on the 
effective date of this Act, held a position compensated in accordance 
with the Executive Schedule, and who, without a break in service, is 
appointed in the Department to a position having duties comparable 
to those performed immediately preceding his appointment shall con-
tinue to be compensated in his new position at not less than the rate 
provided for his previous position, for the duration of his service in 
his new position. 
(j) 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. The capital of the fund shall consist of any appropria-
tions made for the purpose of providing capital (which appropria-
tions are hereby authorized) and the fair and reasonable value of such 
Federal Avia-
tion Agency, 
transfer of func-
etc. 
Civil Aeronau-
tics Board, trans-
fer of functions, 
etc. 
Compensation 
of transferred 
personnel. 
Working capital 
fund, establish-
ment. 
946 
PUBLIC LAW 89-670-OCT. 15, 1966 
[80 
STAT. 
Official seal. 
Services for de-
pendents at re-
mote localities. 
Gifts and be-
quests. 
Investment in 
U.S. securities. 
Statistical 
studies. 
stocks of supplies, equipment, and other assets and inventories on order 
as the Secretary may transfer to the fund, less the related liabilities 
and unpaid obligations. Such funds shall be reimbursed in advance 
from available funds of agencies and offices in the Department, or from 
other sources, for supplies and services at rates which will approximate 
the expense of operation, including the accrual of annual leave and the 
depreciation of equipment. The fund shall also be credited with re-
ceipts from sale or exchange of property and receipts in payment for 
loss or damage to property owned by the fund. There shall be covered 
into the United States Treasury as miscellaneous receipts any surplus 
found in the fund (all assets, liabilities, and prior losses considered) 
above the amounts transferred or appropriated to establish and main-
tain said fund. 
(k) The Secretary shall cause a seal of office to be made for the De-
partment of such device as he shall approve, and judicial notice shall 
be taken of such seal. 
(1) In addition to the authority contained in any other Act wiiich 
is transferred to and vested in the Secretary, the National Transporta-
tion Safety Board, or other officer in the Department, as necessary, 
and when not otherwise available, the Secretary is authorized to pro-
vide for, construct, or maintain the following for employees and their 
dependents stationed at remote localities: 
(1) Emergency medical services and supplies; 
(2) Food and other subsistence supplies; 
(3) Messing facilities; 
(4) Motion picture equipment and film for recreation and 
training; 
(5) Reimbursement for food, clothing, medicine, and other sup-
plies furnished by such employees in emergencies for the tempo-
rary relief of distressed persons; and 
(6) Living and working quarters and facilities. 
The furnishing of medical treatment under paragraph (1) and the 
furnishing of services and supplies under paragraphs (2) and (3) of 
this subsection shall be at prices reflecting reasonable value as deter-
mined by the Secretary, and the proceeds therefrom shall be credited 
to the appropriation from which the expenditure was made. 
(m) (1) The Secretary is authorized to accept, hold, administer, and 
utilize gifts and bequests of property, both real and personal, for the 
purpose of aiding or facilitating the work of the Department. 
Gifts 
and bequests of money and the proceeds from sales of other property 
received as gifts or bequests shall be deposited in the Treasury in a 
separate fund and shall be disbursed upon order of the Secretary. 
Property accepted pursuant to this paragraph, and the proceeds 
thereof, shall be used as nearly as possible in accordance with the terms 
of the gift or bequest. 
(2) For the purpose of Federal income, estate, and gift taxes, 
property accepted under paragraph (1) shall be considered as a gift 
or bequest to or for use of the United States. 
(3) Upon the request of the Secretary, the Secretary of the Treasury 
may invest and reinvest in securities of the United States or in secu-
lities guaranteed as to principal and interest by the United States any 
moneys contained in the fund provided for in paragraph (1). Income 
accruing from such securities, and from any other property held by the 
Secretary pursuant to paragraph (1) shall be deposited to the credit 
of the fund, and shall be disbursed upon order of the Secretary. 
(n) (1) The Secretary is authorized, upon the written request of any 
person, or any Stiate, territory, possession, or ])olitical subdivision 
80 STAT. ] 
PUBLIC LAW 89-670-OCT. 15, 1966 
947 
thereof, to make special statistical studies relating to foreign and 
domestic transportation, and special studies relating to other matters 
falling within the province of the Department, to prepare from its 
records special statistical compilations, and to furnish transcripts of 
its studies, tables, and other records upon the payment of the actual cost 
of such work by the person or body requesting it. 
(2) All moneys received by the Department in payment of the cost 
Moneys for spe-
of work under paragraph (1) shall be deposited in a separate account "^^^ services. 
to be administered under the direction of the Secretary. These moneys 
may be used, in the discretion of the Secretary, for the ordinary ex-
penses incidental to the work and/or to secure in connection therewith 
the special services of persons who are neither officers nor employees of 
the United States. 
(o) The Secretary is authorized to appoint, without regard to the 
Appointment o
f 
civil service laws, such advisory committees as shall be appropriate for mitte^rsf '^""' 
the purpose of consultation with and advice to the Department in per-
formance of its functions. Members of such committees, other than 
those regularly employed by the Federal Government, while attending 
meetings of such committees or otherwise serving at the request of the 
Secretary, may be paid compensation at rates not exceeding those 
authorized for individuals under subsection (b) of this section, and 
while so serving away from their homes or regular places of business, 
may be allowed travel expenses, including per diem in lieu of sub-
sistence, as authorized by section 5703 of title 5, United States Code, for 
^"^e, p. 499. 
persons in the Government service employed intermittently. 
(p) (1) Notwithstanding any provision of this Act or other law, a ^j;ff,^*„*^fif' 
member of the Coast Guard on active duty may be appointed, detailed, 
or assi^ied to any position in the Department other than Secretary, 
Under Secretary, and Assistant Secretary for Administration. 
(2) Subject to the provisions of title 5, United States Code, a retired 
member of the Coast Guard may be appointed to any position in the 
Department. 
(q) (1) The Secretary is authorized to enter into contracts with edu-
cational institutions, public or private agencies or organizations, or 
persons for the conduct of scientific or technological research into any 
aspect of the problems related to the programs of the Department 
which are authorized by statute. 
(2) The Secretary shall require a showing that the institutions, 
agencies, organizations, or persons with which he expects to enter into 
contracts pursuant to this subsection have the capability of doing 
effective work. 
He shall furnish such advice and assistance as he 
believes will best carry out the mission of the Department, participate 
in coordinating all research initiated under this subsection, indicate 
the lines of inquiry which seem to him most important, and encourage 
and assist in the establishment and maintenance of cooperation by and 
between the institutions, agencies, organizations, or persons and be-
tween them and other research organizations, the Department, and 
other Federal agencies. 
(3) The Secretary may from time to time disseminate in the form 
of reports or publications to public or private agencies or organiza-
tions, or individuals such information as he deems pertinent on the 
research carried out pursuant to this section. 
(4) Nothing contained in this subsection is intended to amend, 
modify, or repeal any provisions of law administered by the Depart-
ment which authorize the making of contracts for research. 
detail to Depart-
ment. 
Ante, p. 378, 
Research con-
tracts. 
948 
PUBLIC LAW 89-670-OCT. 15, 1966 
[80 STAT. 
COXFORMING AMENDMENTS TO OTHER LAWS 
SEC. 10. (a) Section 19(d)(1) of title 3, United States Code, as 
62 Stat. 677; 
amended, is hereby amended by striking out the period at the end 
79 Stat. 669. 
thereof and inserting a comma and the following: "Secretary of 
Transportation." 
Ante. p. 378. 
(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 I I (relating to executive schedule pay rates) of 
chapter 53 of title V of the United States Code i's amended as follows: 
Ante, p. 460. 
(1) Scctiou 5312 is amended b}^ adding at the end thereof the 
following: 
"(11^ Secretary of Housing and L^rban 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 fol-
lowing: 
" (78) Members, National Transportation Safety Board. 
"(79) General Counsel, Department of Transportation. 
"(80) Deputy Administrator, Federal Aviation Administra-
tion. 
"(81) Assistant Secretaries of Transpoitation (4). 
"(82) Director of Public Roads. 
" (83) Administrator of the St. Lawrence Seaway Development 
Corporation." 
(5) Section 5316 is amended by adding at the end thereof the fol-
lowing : 
"(117) Assistant Secretary for Administration, Department of 
Transportation." 
(6) Section 5317 is amended by striking out "thirty" and inserting 
in lieu thereof "thirty-four". 
Repeals. 
^^^ Subsectlous 5314(6), 5315(2), and 5316 (10), (12), (13), (14), 
(76), and (82) of title 5 of the United States Code are repealed, sub-
ject to the provisions of section 9 of this Act. 
68 Stat. 76. 
' (f) Title 18, Uultcd 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 Transpor-
tation". 
70A Stat. 36. 
(g) Subsectiou (1) of section 801, title 10, United States Code, as 
amended, is amended by striking out "the General Counsel of the De-
partment of the Treasury" and inserting in lieu thereof "the General 
Counsel of the Department of Transportation". 
80 STAT. ] 
PUBLIC LAW 89-670-OCT. 15, 1966 
ANNUAL 
REPORT 
SEC. 11. The Secretary shall, as soon as practicable after the end of 
each fiscal year, make a report in writing to the President for submis-
sion to the Congress on the activities of the Department during the 
preceding fiscal year. 
SAVINGS PROVISIONS 
SEC. 12. (a) All orders, determinations, rules, regulations, permits, 
contracts, certificates, licenses, and privileges— 
(1) which liave been issued, made, granted, or allowed to be-
come 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 trans-
ferred by this Act, or (ii) any court of competent jurisdiction, 
and 
(2) which are in effect at the time this Act takes effect, 
sliall continue in effect according to their terms until modified, termi-
nated, superseded, set aside, or repealed by the Secretary, Adminis-
trators, 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 pend-
ing 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 proceed-
ings, 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 pay-
ments 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. 
949 
950 
PUBLIC LAW 89-671-OCT. 15, 1966 
[80 STAT. 
(2) If before the date on which this Act takes effect, any depart-
ment 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 trans-
ferred 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. 
SEPARABILITY 
SEC. 13. If an^ proyision of this Act or the application thereof to 
any person or circumstances is held invalid, the remainder of this 
Act, and the application of such provision to other persons or cir-
cumstances shall not be affected thereby. 
CODIFICATION 
SEC. 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. 
Publication in 
Federal Register. 
EFFECTIVE DATE; INITIAL APPOINTMENT OF OFFICERS 
SEC. 15. (a) This Act shall take effect ninety days after the Sec-
retary first takes office, or on such prior date after enactment of this 
Act as the President shall prescribe and publish in the Federal 
Register. 
(D) Any of the officers provided for in this Act may (notwith-
standing 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. 
Approved October 15, 1966, 1:25 p.m. 
October 15, 1966 
[S. 34 23] 
Public Law 89-671 
AN ACT 
To provide for the establishment of the Wolf Trap Farm Park in Fairfax Connty, 
Virginia, and for other purposes. 
Wolf Trap Farm 
Park, Va. 
Establishment. 
Be It enacted hy the Senate and House of Representatives 
of the 
United /States of America in Congress assembled^ That for the pur-
pose of establishing in the National Capital area a park for the per-
forming arts and related educational programs, and for recreation use 
in connection therewith, the Secretary of the Interior is authorized to 
establish, develop, improve, operate, and maintain the Wolf Trap