80 STAT. 934 Safey records of applicants, investigation. Transportation Cooperation with transferred under this Act, and orders and actions of the Adminis- (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 operating authority, or for approval of a proposed transaction involving transfer of operating authority, fails to satisfy the Secretary, 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 refuge, or historic site unless (1) there is no feasible and prudent alternative to the use of such land, and (2) such program includes all possible 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 Development shall consult and exchange information regarding their respective transportation policies and activities; carry on joint planning, 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 compreReports to Press hensively planned development of urban areas. They shall, within dent and Con gress. one year after the effective date of this Act, and annually thereafter, report to the President, for submission to the Congress, on their studies and other activities under this subsection, including any legislative recommendations which they determine to be desirable. The Secretary 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"). 80 STAT. 935 (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, modification, 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 Administrators 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 personnel of the Board in accident investigations conducted by the Secretary 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 Reports rules, public all reports, orders, decisions, rules, and regulations issued pur- etc., availsuant to sections 5 (b) (1) and 5(b) (2), and the Board shall also make ability. public (1) every recommendation made to the Secretary or an Administrator; (2) every special study conducted; and (3) every action of the Board requesting the Secretary or an Administrator to take action, pursuant to section 5(d) (1), (2), (3), (5), (6), or (8). 80 STAT. 936 Report to Membership. Terms of office. Chairman, Vice Subpena power, etc. Delegation of functions; execptions. (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 a 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 officers and employees, including investigators, attorneys and hearing examiners, as shall be necessary to carry out its powers and duties under this Act. 80 STAT. 937 (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 SEC. 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. 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 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. 789 76 Stat. 863; Ante, p. 262. Coast Guard. 63 Stat. 496. General Counsel. 70A Stat. 36. 10 SC 801-940. Federal Aviation Agency. 49 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 |