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Sec. 104. (a) The Secretary shall establish a National Motor National Motor Vehicle Safety Advisory Council, a majority of which shall be repre- Vehicle Safety sentatives of the general public, including representatives of State and Advisory Counlocal governments, and the remainder shall include representatives of cil, establishmotor vehicle manufacturers, motor vehicle equipment manufacturers,
ment. and motor vehicle dealers.
(b) The Secretary shall consult with the Advisory Council on motor vehicle safety standards under this Act.
(c) Members of the National Motor Vehicle Safety Advisory Coun- Compensation cil may be compensated at a rate not to exceed $100 per diem (including of members. travel time) when engaged in the actual duties of the Advisory Council. Such members, while away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence as authorized by section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-2), for persons in the Government 60 Stat. 808; service employed intermittently. Payments under this section shall 75 Stat. 339, not render members of the Advisory Council employees or officials of 340. the United States for any purpose.
Conference Report House Report 1919, Page 17
ADVISORY COUNCIL Section 104(a) of the House bill establishes a National Votor Vehicle Safety Advisory Council composed of 13 members appointed by the Secretary, one of whom he shall designate as chairman. Three of the members are to be representatives of manufacturers of motor vehicles, two representatives of manufactures of motor vehicle equipment, three representatives of State and local governments and five public representatives. Seven inembers constitute a quorum and their terms of office are for 4 years except the initial appointees will be appointed so as to provide staggered terms of office. A vacancy in the Council is to be filled in the same manner as an original appointment.
Section 104(b) of the House amendment requires the Secretary to seek the advice and recommendation of the Council before establishing, amending, or revoking any motor vehicle safety standard under this act.
Section 104(c) of the House amendment provides for per diem compensation for members of the Council as well as travel expenses, and provides that the acceptance of payment under this section shall not make it member of the Council an employee or officer of the United States for any purpose.
Section 104 (a) of the conference substitute requires the Secretary to establish a National Motor Vehicle Safety Council. The majority of the members are to be representatives of the general public, including representatives of State and local governments, the remainder to include representatives of motor vehicle manufacturers, motor vehicle equipment manufacturers, and motor vehicle dealers.
Section 104 (b) of the proposed conference substitute requires the Secretary to consult the Council on motor vehicle safety standards under this Act.
Section 104(c) of the proposed conference substitute is the same as the House amendment.
The conference substitute will provide the Secretary authority to obtain it sound cross section of consultants from the public, State and local governments, manufacturers, ind dealers since he will have full discretion in determining the makeup of the Council, subject to the overall requirement that it majority of its members must represent the general public.
House Passed Act
“Sec. 104. (a) There 18 hereby established bis predecessor was appointed shall be apa National Motor Vehicle Safety Advisory pointed only for the remainder of such term. Council which shall be composed of thirteen Any vacancy in the Council shall be alled in members appointed by the Secretary, one of the same manner in which the original apwhom shall be designated Chairman. Mem- pointment was made. bers of the Advisory Council shall be ap- "(b) The Secretary wall soek the advice pointed from among persons outside the and recommendations of the Advisory CounFederal Government and the members shall cu before establishing, amending, or revokbe representative of industry, State and local ing any motor vehicle safety standard under governments, and the public. Three of the this Act. members shall be representatives of those "(c) Members of the National Motor Veengaged in the manufacture of motor ve- nicle Safety Advisory Council may be comhicles, two shall be representatives of those pensated at a rate not to exceed $100 per engaged in the manufacture of motor vehicle diem (including travel timo) when engaged equipment, three shall be representatives of in the actual duties of the Advisory Council. State and local governments, and Ave shall
Such mombors, while away from thots homes be representatives of the general public. OT regular places of business, may be allowed Seven members of the Council shall consti- travel expansen, including por diam in leu tute & quorum. The members of the Coun
of gubaistence my authorized by section 6 of cll shall be appointed for terms of four years, the Administrative hopensos Act of 1946 (6 except that three of the members arst ap• U8.C. 736–3), for persons in the Government pointed shall hold omce for two years, Ave service employed intermittently. Payments shall hold once for three years, and ave under this saction kall not rondar merabers shall hold ofice for four years, and any mem of the Advisory Counct employees or om. ber appointed to all & vacancy occurring Mall of the Unitod States for any purpose. prior to the expiration of the term to which
A National Motor Vehicle Surety AdHeory Council is established, consisting ol dve members from the general public, nve members from the industry, and three members of State and local gov.
ernment to advise and consult with the Secretary of Commerce on the mandatory standards required by the bill.
Eight members have signed additional News opposing the present structure of
the Advisory Council. They point out any problems wh!ch would otherwise What last csinute changes in the bill re- be arulable w the Secretary. narding the Council were approved 13 to One member has Ned individual stems 13 to accommodare tike Secretary of varios that the bil is no curcall; that Com:nerce by the remoral of Senate accidents are caused by many factors contomation of Advisory Council men war design being only a wall part. He ben They believe that this remoral supports the bw b:at fears that Federal
negate much of the independent sandards may ac wally inhibit tie of thtakins and judgment on motor vebicle valoponent of saler cana
Other important additions which do quired to seek the advice and recommennot appear in the legislation referred to dations of the Council before establishby the other body, appear in section 104 ing safety standards. This assures not where & National Motor Vehicle Safety only & method for expert consultation Advisory Council is created. This will be but also a method for active participamade up of 13 members drawn from in. ton in the program by State, local, and dustry, State and local governments, and other persons interested in traffic safety. from the public. The Secretary is re
The committee adopted the amend. The Motor Vehicle Safety Advisory ment which I introduced to create a Na- Council included in section 104 is intional Motor Vehicle Safety Advisory tended to provide the Secretary of ComCouncil, consisting of 13 members. I merce with advice vital in evaluating strongly feel that this Council is essen- and establishing safety standards. In tial to the effective operation and admin- the bill as presently written, the memistration of this act. During the hear- bers of the Council are to be chosen as ings, it was brought out before the com- follows: Three representing motor vehimittee that the Federal Government does cle manufacturers; two representing not now have the technical expertise motor vehicle safety equipment manunecessary to establish Federal safety facturers; three representing State or standards for motor vehicles. It is clear local governments, and five representing that while there have been voices in re- the general public. As the members of mote corners of the Federal Government the Council are to be appointed for 4-year echoing concern for auto safety for some terms on a staggered basis, the Council time now, efforts at the Federal level to would be above any partisan viewpoint. stem auto accidents have been less than The Council would be consulted for its decisive. The first real significant Fed- views prior to the establishing, amending, eral action concerning auto safety came or revoking of any motor vehicle safety during the 87th Congress, when Public standard. Law 87-637 was enacted and during the The business of establishing safety 88th Congress, when Public Law 88–201 standards is a delicate one. In many rewas enacted. It will be recalled that spects, these standards involve engineerthose statutes provide for brake fluid ing, a matter of concern to vehicle manand seat belts meeting Federal safety ufacturers and equipment suppliers, as standards.
well as economics, a matter of concern to the consumer and motoring public. The