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 proceedings, 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 payments 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had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or repealed by the Secretary, Administrators, Board, or General Counsel (in the exercise of any authority respectively vested in them by this Act), by a court of competent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. (2) If before the date on which this Act takes effect, any department 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 transferred 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. CODIFICATION § 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. EFFECTIVE DATE; INITIAL APPOINTMENT OF OFFICERS § 15. (a) This Act shall take effect ninety days after the Secretary first takes office, or on such prior date after enactment of this Act as the President shall prescribe and publish in the Federal Register. (b) Any of the officers provided for in this Act may (notwithstanding 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. NATIONAL TRANSPORTATION POLICY, "TRANSPORTATION ACT OF 1940," PUBLIC LAW NO. 785, 76TH CONG., SEPT. 18, 1940 (54 STAT. 899) NATIONAL TRANSPORTATION POLICY1 "It is hereby declared to be the national transportation policy of the Congress to provide for fair and impartial regulation of all modes of transportation subject to the provisions of this Act, so administered as to recognize and preserve the inherent advantages of each; to promote safe, adequate, economical, and efficient service and foster sound economic conditions in transportation and among the several carriers; to encourage the establishment and maintenance of reasonable charges for transportation services, without unjust discriminations, undue preferences or advantages, or unfair or destructive competitive practices; to cooperate with the several States and the duly authorized officials thereof; and to encourage fair wages and equitable working conditions; all to the end of developing, coordinating and preserving a national transportation system by water, iughway, and rail, as well as other means, adequate to meet the needs of the commerce of the United States, of the Postal Service, and of the national defense. All of the provisions of this Act shall be administered and enforced with a view to carrying out the above declaration of policy." 'See Title 49 United States Code, printed as notes preceding secs. 1, 301 and 901. PART II. FEDERAL-AID HIGHWAYS SUBPART A. TITLE 23, UNITED STATES CODE, "HIGHWAYS." Title 23. United States Code-"Highways" Chapter 1.-FEDERAL-AID HIGHWAYS Sec. 101. Definitions and declaration of policy. 102. Authorizations. 103. Federal-aid systems. 104. Apportionment. 105. Programs. 106. Plans, specifications, and estimates. 107. Acquisition of rights-of-way-Interstate System. 108. Advance acquisition of rights-of-way. 109. Standards. 110. Project agreements. 111. Agreements relating to use of and access to rights-of-way-Interstate System.1 112. Letting of contracts. 113. Prevailing rate of wage.' 114. Construction. 115. Construction by States in advance of apportionment." 116. Maintenance. 117. Certification acceptance.* 118. Availability of sums apportioned. 119. Repealed.* 120. Federal share payable. 121. Payment to States for construction. 122. Payment to States for bond retirement. 123. Relocation of utility facilities. 124. Advances to States. 125. Emergency relief. 126. Diversion. 127. Vehicle weight and width limitations—Interstate System. 128. Public hearings. 129. Toll roads, bridges, tunnels, and ferries." 130. Railway-highway crossings. 131. Control of outdoor advertising." 132. Payments on Federal-aid Projects Undertaken by a Federal Agency." Amended by sec. 139 (a), Public Law 94-280, May 5, 1976 (90 Stat. 443). Amended by sec. 25, Public Law 90-495, Aug. 23, 1968 (82 Stat. 815). Chapter 1.-FEDERAL-AID HIGHWAYS-Continued Sec. 133. Repealed." 134. Transportation planning in certain urban areas.10 135. Traffic operations improvement programs." 136. Control of junkyards.12 137. Fringe and corridor parking facilities.1 138. Preservation of parklands.1 139. Additions to Interstate System.15 140. Equal employment opportunity.19 141. Enforcement of requirements."7 142. Public transportation.18 143. Economic growth center development highways.10 144. Special bridge replacement program." 145. Federal-State relationship." 146. Repealed." 147. Priority primary routes." 148. Development of a national scenic and recreational highway." 150. Allocation of urban system funds.2 151. Pavement marking demonstration program."7 152. Projects for high-hazard locations.28 153. Program for the elimination of roadside obstacles." 154. National maximum speed limit.20 155. Access highways to public recreation areas on certain lakes.b 156. Highways crossing other Federal projects. Added by sec. 5, Public Law 87-866, Oct. 23, 1962 (76 Stat. 1145), and repealed by sec. 139 (c), Public Law 94-280, May 5, 1976 (90 Stat. 443–444). 10 Added by sec. 9, Public Law 87-866, Oct. 23, 1962 (76 Stat. 1145). "Former section added by sec. 4, Public Law 89-139, Aug. 28, 1965 (79 Stat. 578), which was repealed by sec. 102(b)(1), Public Law 89-564, Sept. 9, 1966 (80 Stat. 731); new section added by sec. 10, Public Law 90-495, Aug. 23, 1968 (82 Stat. 815), and retitled by sec. 123(b), Public Law 94-280, May 5, 1976 (90 Stat. 439). 12 New section added by sec. 202, Public Law 89-285, Oct. 22, 1965 (79 Stat. 1028). Added to replace former section by sec. 134 (a) and (b) Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713). 13 "Added by sec. 15, Public Law 89-574, Sept. 13, 1966 (80 Stat. 766). 15 Added by sec. 16, Public Law 90-495, Aug. 23, 1968 (82 Stat. 815). 1 Added by sec. 22, Public Law 90-495, Aug. 23, 1968 (82 Stat. 815). "7 Amended by sec. 107(a) of Public Law 93-643, Jan. 4, 1975 (88 Stat. 2284). 18 Added by sec. 111, Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713); amended by sec. 121, Public Law 93-87, Aug. 13, 1973 (87 Stat. 259-261). 1 Added by sec. 127, Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713). 20 Added by sec. 204, Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713). 21 Added by sec. 123 (a), Public Law 93-87, Aug. 13, 1973 (87 Stat. 262). "Added by sec. 125(b), Public Law 93-87, Aug. 13, 1973 (87 Stat. 263), and repealed by sec. 128(b), Public Law 94-280, May 5, 1976 (90 Stat. 440). 27 23 Added by sec. 126(b), Public Law 93-87, Aug. 13, 1973 (87 Stat. 264). |