(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) Publication of reports, orders, decisions, rules, and regulations. Except as otherwise provided by statute, the Board shall make public all reports, orders, decisions, rules, and regulations issued pursuant to subsections (b) (1) and (b) (2) of this section, and the Board shall also make 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 subsection (d) (1), (2), (3), (5), (6), or (8) of this section. (f) Independent status of Board. 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) Annual report and recommendations to Congress. The Board shall report to the Congress annually on the conduct of its functions under this chapter and the effectiveness of accident investigations in the Department, together with such recommendations for legislation as it may deem appropriate. (h) Membership of Board; appointment and political affiliation of members; fitness; removal for inefficiency, neglect of duty, or malfeasance in office. 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) Term of office of members; filling of vacancies. 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 1966. Upon the expiration of his term of office, a member shall continue to serve until his successor is appointed and shall have qualified. (j) Designation of Chairman and Vice Chairman; administrative authority; three members required for quorum. 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 I-8 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) Rules and regulations. The Board is authorized to establish such rules, regulations, and procedures as are necessary to the exercise of its functions. (1) Conduct of hearings; issuance of subpenas; oaths; witnesses; reception of evidence. 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) Delegation of functions. 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 1441(g) of this title 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 1655 (d) of this title. (n) Employment of investigators, attorneys, hearing examiners, and other employees. 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 chapter. (0) Use of services, equipment, personnel, and facilities of other agencies; use of state facilities. The Board is authorized, on a reimbursable basis when appropriate, to use the available services, equipment, personnel, and facilities 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. (Pub. L. 89-670, § 5, Oct. 15, 1966, 80 Stat. 935.) § 1655. Transfer of functions. (a) Powers and duties of the Secretary of Commerce and other offices and officers of the Department of Commerce relating to highways, ground transportation generally, aircraft, pilotage, and traffic and highway safety generally. There are hereby transferred to and vested in the Secretary 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. (B) The Federal-Aid Highway Act of 1966. (C) The Federal-Aid Highway Act of 1962, as amended. (E) The Federal-Aid Highway Act of 1954, as amended. (H) The Highway Beautification Act of 1965, as amended. (J) The Joint Resolution of August 28, 1965, as amended. (K) Section 525 (c) of Title 33. (L) The Act of April 27, 1962, as amended. (M) Reorganization Plan No. 7 of 1949. (2) the following laws and provisions of law relating generally to ground transportation: (A) The Act of September 30, 1965, as amended. (B) The Urban Mass Transportation Act of 1964, as amended. (3) the following laws and provisions of law relating generally to aircraft: (A) The Act of September 7, 1957, as amended. (B) Section 1380 of this title. (C) Title XIII of the Federal Aviation Act of 1958, as amended. (4) the following law relating generally to pilotage: The Great Lakes Pilotage Act of 1960, as amended. (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. (6) the following laws relating generally to traffic and highway safety: (b) Coast Guard; functions of the Secretary of the Treasury and other offices and officers of the Department of the Treasury relating to the Coast Guard. (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. (3) Notwithstanding any other provision of this chapter, the functions, powers, and duties of the General Counsel of the Department of the Treasury set out in chapter 47 of Title 10 (Uniform Code of Military Justice), are hereby transferred to and vested in the General Counsel of the Department. (c) Federal Aviation Agency; functions, powers, and duties of Administrator and other offices and officers. (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 I-10 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 chapter shall be taken directly to the National Transportation Safety Board or to the courts, as appropriate. (2) Nothing in this chapter shall affect the power of the President under section 1343 (c) of this title to transfer, to the Department of Defense in the event of war, any functions transferred by this chapter from the Federal Aviation Agency. (d) Civil Aeronautics Board; chairman, members, officers, and offices; transfer to National Transportation Safety Board. 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 and VII of the Federal Aviation Act of 1958, as amended: Provided, 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 chapter shall be taken directly to the courts. (e) Interstate Commerce Commission; functions, powers, and duties relating to safety appliances and equipment on railroad engines and cars, protection of employees and travelers, hours of service, medals for heroism, explosives and other dangerous articles, standard time zones and daylight saving time; safety of operation and equipment. 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. (C) The Act of April 14, 1910, as amended. (D) The Act of May 30, 1908, as amended. (E) The Act of February 17, 1911, as amended. (F) The Act of March 4, 1915, as amended. (G) Reorganization Plan No. 3 of 1965. (H) Joint Resolution of June 30, 1906, as amended. (I) The Act of May 27, 1908, as amended. (J) The Act of March 4, 1909, as amended. (K) The Act of May 6, 1910, as amended. (2) the following law relating generally to hours of service of employees: The Act of March 4, 1907, as amended. (3) the following law relating generally to medals for heroism: The Act of February 23, 1905, as amended. (4) the following provisions of law relating generally to explosives and other dangerous articles: Sections 831-835 of Title 18. (5) the following laws relating generally to standard time zones and daylight saving time: (A) The Act of March 19, 1918, as amended. (B) The Act of March 4, 1921, as amended. (C) The Uniform Time Act of 1966, as amended. (6) the following provisions of the Interstate Commerce Act, as amended (A) relating generally to safety appliances methods and systems: Section 26 of this title. (B) relating generally to investigation of motor vehicle sizes, weights, and service of employees: Section 325 of this title. (C) relating generally to qualifications and maximum hours of service of employees and safety of operation and equipment: Sections 304(a) (1) and (2), of this title, to the extent that they relate to qualifications and maximum hours of service of employees and safety of operation and equipment; and sections 304 (a) (3), (3a), and (5) of this title. (D) to the extent they relate to private carriers of property by motor vehicle and carriers of migrant workers by motor vehicle other than contract carriers: Sections 321(a), 321(c), and 324 of this title. (f) Retention by Interstate Commerce Commission of powers and functions not expressly transferred; railroad, pipeline, and motor carrier safety under Federal Railroad and Federal Highway Administrators; review of administrative decisions. (1) Nothing in subsection (e) of this section shall diminish the functions, powers, and duties of the Interstate Commerce Commission under sections 1(6), 206, 207, 209, 210a, 212, and 216 of the Interstate Commerce Act, as amended (49 U.S.C. 1(6), 306 et seq.), or under any other section of that Act not specifically referred to in subsection (e) of this section. (2) (A) With respect to any function which is transferred to the Secretary by subsection (e) of this section and which was vested in the Interstate Commerce Commission preceding such transfer, the Secretary shall have the same administrative powers under the Interstate Commerce Act as the Commission had before such transfer with respect to such transferred function. After such transfer, the Commission may exercise its administrative powers under the Interstate Commerce Act only with respect to those of its functions not transferred by subsection (e) of this section. (B) For purposes of this paragraph— (i) the term "function" includes power and duty, and (ii) the term “administrative powers under the Interstate Commerce Act" means any functions under the following provisions of the Interstate Commerce Act, as amended: Sections 12, 13(1), 13(2), 14, 16(12), the last sentence of 18(1), sections 20 (except clauses (3), (4), (11), and (12) thereof), 204(a) (6) and (7), 204 (c), 204 (d), 205 (d), 205(f), 220 (except subsection (c) and the proviso of subsection (a) thereof), 222 (except subsections (b) (2) and (b) (3) thereof), and 417(b) (1) (49 U.S.C. 12 et seq., 304 et seq., and 1017). (3) (A) The Federal Railroad Administrator shall carry out the functions, powers, and duties of the Secretary pertaining to railroad and pipeline safety as set forth in the statutes transferred to the Secretary by subsection (e) of this section. (B) The Federal Highway Administrator shall carry out the functions, powers, and duties of the Secretary pertaining to motor carrier safety as set forth in the statutes transferred to the Secretary by subsection (e) of this section. (C) Decisions of the Federal Railroad Administrator and the Federal Highway Administrator (i) which are made pursuant to the exercise of the functions, powers, and duties enumerated in subparagraphs (A) and (B) of this paragraph to be carried out by the Administrators, and (ii) which involves notice and hearing required by law, shall be administratively final, and appeals as authorized by law or this chapter shall be taken directly to the National Transportation Safety Board or the courts, as appropriate. (g) Department of the Army; functions, powers, and duties of the Secretary of the Army relating to water vessel anchorages, drawbridge operating regulations, obstructive bridges, tolls, prevention of pollution of the sea by oil, and location and clearance of bridges and causeways on navigable waters. 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 |