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243 APPENDIX A TRANSFER OF FUNCTIONS FROM HUD TO DOT Reorganization Plan No. 2 of 1968561 URBAN MASS TRANSPORTATION SECTION 1. Transfer of Functions. (a) There are hereby transferred to the Secretary of Transportation: (1) The functions of the Secretary of Housing and Urban Development and the Department of Housing and Urban Development under the Urban Mass Transportation Act of 1964, except that there is reserved to the Secretary of Housing and Urban Development (i) the authority to make grants for or undertake such projects or activities under sections 6(a), 9, and 11 of that Act as primarily concern the relationship of urban transportation systems to the com- prehensively planned development of urban areas, or the role of transportation planning in overall urban planning, and (ii) so much of the functions under sections 3, 4, and 5 of the Act as will enable the Secretary of Housing and Urban Development (A) to advise and assist the Secretary of Transportation in making findings and determinations under clause (1) of section 3(e), the first sentence of section 4(a), and clause (1) of section 5 of the Act, and (B) to es- tablish jointly with the Secretary of Transportation the criteria referred to in the first sentence of section 4(a) of the Act.562 (2) Other functions of the Secretary of Housing and Urban Development, and functions of the Department of Housing and Urban Development or of any agency or officer thereof, all to the extent that they are incidental to or necessary for the performance of the functions transferred by section 1(a)(1) of the reorganization plan, including, to such extent, the functions of the Secretary of Housing and Urban Development and the Department of Housing and Urban Development under (i) title II of the Housing amendments of 1955 (69 Stat. 635),563 insofar as functions thereunder involve assistance specifically authorized for mass transportation facilities or equipment, and (ii) title IV of the Housing and Urban Development Act of 1965 (P.L. 89-117).564 (3) The functions of the Department of Housing and Urban Development under section 3(b) of the Act of November 6, 1966 (P.L. 89-774).565 (b) Any reference in this reorganization plan to any provision of law shall be deemed to include, as may be appropriate, reference thereto as amended. SECTION 2. Delegation.âThe Secretary of Transportation may delegate any of the functions transferred to him by this reorganization plan to such officers and employees of the Department of Transportation as he designates, and may authorize successive redelegations of such functions. SECTION 3. Urban Mass Transportation Administration.â 561 Reorganization Plan No. 2 of 1968 (33 Fed. Reg. 6965, 82 Stat. 1369) was prepared by the President and transmitted to the Senate and House of Representatives, Feb. 26, 1968, pursuant to the provisions of chap. 9 of tit. 5 of the U.S.C. 562 In addition to the functions reserved to the Secretary of Housing and Urban Development by the provisions of Reorganization Plan No. 2 of 1968, he and the Secretary of Transportation are required to perform the following joint function set forth in § 4(g) of Pub. L. No. 89-670, 80 Stat. 934, Oct. 15, 1966 (49 U.S.C. § 1653(g)): (g) The Secretary and the Secretary of Housing and Urban Development shall consult and exchange information regarding their respective transportation policies and activities; carry out joint planning, research and other activities; and coordinate assistance for local transportation pro- jects. They shall jointly study how Federal policies and programs can assure that urban transportation systems most effectively serve both national transportation needs and the comprehensively 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 and other activities under this subsection, includ- ing 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. 563 Tit. II of the Housing Amendments of 1955 (69 Stat. 642, Aug. 11, 1955), as amended primarily by tit. V of the Housing Act of 1961 (Pub. L. No. 87-70, 75 Stat. 149, 173, June 30, 1961), Pub. L. No. 84-345, authorized loans to public bodies to assist in financing urban mass transportation capital improvement projects. However, pursuant to the terms of § 202(d) of the 1955 Act, the authority to make new commitments expired on July 1, 1963, so that only powers under this statute actually transferred to the Secretary by Reorganiza- tion Plan No. 2 of 1968 were those necessary to administer loans that had been made previously. 564 Tit. IV of Pub. L. No. 89-117 dealt with the authority to provide financial assistance for relocation payments to persons displaced by certain federally assisted projects. Its pertinent provisions have been repealed. 565 Art. XVI, § 86 of Pub. L. No. 89-774 (80 Stat. 1352, Nov. 6, 1966), authorized the Secretary of Housing and Urban Development to receive appropriations for the purpose of making the federal payments authorized to the Washington Metropolitan Area Transit Author- ity.
244 (a) There is hereby established within the Department of Transportation an Urban Mass Transportation Administra- tion. (b) The Urban Mass Transportation Administration shall be headed by an Urban Mass Transportation Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be compensated at the rate now or hereafter provided for Level III of the Executive Schedule Pay Rates (5 U.S.C. 5314). The Administrator shall perform such duties as the Secretary of Transportation shall prescribe and shall report directly to the Secretary. SECTION 4. Interim Administrator.âThe President may authorize any person who immediately prior to the effec- tive date of this reorganization plan holds a position in the executive branch of the government to act as Urban Mass Transportation Administrator until the office of Administrator is for the first time filled pursuant to the provision of sec- tion 3(b) of this reorganization plan or by recess appointment, as the case may be. The person so designated shall be en- titled to the compensation attached to the position he regularly holds. SECTION 5. Incidental Transfers.â (a) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with the functions transferred to the Secre- tary of Transportation by this reorganization plan as the Director of the Office of Management and Budget shall deter- mine shall be transferred from the Department of Housing and Urban Development to the Department of Transporta- tion as at such time or times as the Director shall direct. (b) Such further measures and dispositions as the Director of the Office of Management and Budget shall deem to be necessary in order to effectuate the transfers provided for in subsection (a) of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate. SECTION 6. Effective Date.âThe provisions of this reorganization plan shall take effect at the close of June 30, 1968, or at the time determined under the provisions of section 906(a) of title 5 of the United States Code, whichever is later.
