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Section 104

As Enacted

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ment.

Szo. 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 oil, establishmotor vehicle manufacturers, motor vehicle equipment manufacturers, 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. 8083 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 Motor 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 a 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, and dealers since he will have full discretion in determining the makeup of the Council, subject to the overall requirement that a majority of its members must represent the general public.

House Passed Act
Congressional Record-House
August 17, 1966, 19670

"Sec. 104. (a) There is hereby established bis predecessor was appointed shall be ap& National Motor Vehicle Safety Advisory pointed only for the remaindor 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 aball soek the advice pointed from among persons outside

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and recommendations of the Advisory CounFederal Government and the members shall cil 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.

hiclo Safety Advisory Council may be comhicles, two shall be representatlves of those

pensated at a rate not to exceed $100 per engaged in the manufacture of motor vehicle

diem (including travel time) when engaged equipment, three shall be representatives of in the actual duties of the Advisory Council. State and local governments, and ive shall

Such mombors, whllo away from their homes be representatives of the general public.

OT regular places of business, may be allowed Seven members of the Council shall consti

travel expanser, including per diem in leu tute & quorum. The members of the Coun

of subsistence as authorized by section 6 of cll shall be appointed for terms of four years, the Administrative tapenses Act of 1946 (6 except that three of the members arst ap- VB.O. 736–3), for persons in the Government pointed shall hold omice for two years, Ove

service employed intermittently. Payments shall hold omice for three years, and dve

under the section shall not rondar members shall hold office for four years, and any mem

of the Advisory Council employees or omber appointed to ou a vacancy occurring cale of the United States for any purpose. prior to the expiration of the term to which

House Debate

Congressional Record-House
August 17, 1966, 19628

Mr. QUILLEN.

A National Motor Vehicle Safety Ad- ernment to advise and consult with the Hisory Council w established, consisting Secretary of Commerce on the manda. of Ave members from the general public, tory standards required by the bill. Ave members from the industry, and Eight members have signed additional three members of Slate and local gov. Pews opposing the present structure of thes Advisory Council. They point out What last cenute changes in the bill renarding the Council were approved 13 to 13 to accommoda:e the Secretary of Cow.nerce by the remoral of Senato confirmation of Advisory Councu mornben They believe that this remoral

negate much of the independeng thtakins and judgment on motor vehicle

aley problems wh!ch would otherwise be arulable to the Secretary.

Ong member has Nes Individual stems runnlos that the bil is no curcall; that accidents are caused by many factors car design being only a small part. He supports the bull but fears that Federal Kaxards may ac-wally mbibit tie of velopment of safer cara

Congressional Record-House
August 17, 1966, 19629

Mr. STAGGERS.

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 a National Motor Vehicle Safety only a 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- tion in the program by State, local, and dustry, State and local governments, and other persons interested in trafic safety. from the public. The Secretary is re

Congressional Record-House
August 17, 1966, 19631 and 19632

Mr. ROGERS.

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

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