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Section 104

As Enacted

SEC. 104. (a) The Secretary shall establish a National Motor Vehicle Safety Advisory Council, a majority of which shall be representatives of the general public, including representatives of State and local governments, and the remainder shall include representatives of motor 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.

National Motor
Vehicle Safety

Advisory Coun-
cil, establish-
ment.

(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 service employed intermittently. Payments under this section shall not render members of the Advisory Council employees or officials of the United States for any purpose.

Conference Report

House Report 1919, Page 17

ADVISORY COUNCIL

60 Stat. 808; 75 Stat. 339,

340.

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 members 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 appoint

ment.

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 a 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

the

"SEC. 104. (a) There is hereby established a National Motor Vehicle Safety Advisory Council which shall be composed of thirteen members appointed by the Secretary, one of whom shall be designated Chairman. Members of the Advisory Council shall be appointed from among persons outside Federal Government and the members shall be representative of industry, State and local governments, and the public. Three of the members shall be representatives of those engaged in the manufacture of motor vehicles, two shall be representatives of those engaged in the manufacture of motor vehicle equipment, three shall be representatives of State and local governments, and five shall be representatives of the general public. Seven members of the Council shall constitute a quorum. The members of the Council shall be appointed for terms of four years, except that three of the members first appointed shall hold office for two years, five shall hold office for three years, and fve shall hold office for four years, and any member appointed to fill a vacancy occurring prior to the expiration of the term to which

his predecessor was appointed shall be appointed only for the remainder of such term. Any vacancy in the Council shall be filled in the same manner in which the original appointment was made.

"(b) The Secretary shall seek the advice and recommendations of the Advisory Council before establishing, amending, or revoking any motor vehicle safety standard under this Act.

"(c) Members of the National Motor Vehicle Safety Advisory Council may be compensated at a rate not to exceed $100 per diem (including 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 US.C. 73b-2), for persons in the Government service employed intermittently. Payments under this section shall not render members of the Advisory Council employees or omcials of the United States for any purpose.

House Debate

Congressional Record-House
August 17, 1966, 19628

Mr. QUILLEN.

A National Motor Vehicle Safety Advisory Council is established, consisting of five members from the general public, five 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 views opposing the present structure of

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The committee adopted the amendment which I introduced to create a National Motor Vehicle Safety Advisory Council, consisting of 13 members. strongly feel that this Council is essential to the effective operation and administration of this act. During the hearings, it was brought out before the committee that the Federal Government does not now have the technical expertise necessary to establish Federal safety standards for motor vehicles. It is clear that while there have been voices in remote corners of the Federal Government echoing concern for auto safety for some time now, efforts at the Federal level to stem auto accidents have been less than decisive. The first real significant Federal action concerning auto safety came during the 87th Congress, when Public Law 87-637 was enacted and during the 88th Congress, when Public Law 88-201 was enacted. It will be recalled that those statutes provide for brake fluid and seat belts meeting Federal safety standards.

The Motor Vehicle Safety Advisory Council included in section 104 is intended to provide the Secretary of Commerce with advice vital in evaluating and establishing safety standards. In the bill as presently written, the members of the Council are to be chosen as follows: Three representing motor vehicle manufacturers; two representing motor vehicle safety equipment manufacturers; three representing State or local governments, and five representing the general public. As the members of the Council are to be appointed for 4-year terms on a staggered basis, the Council would be above any partisan viewpoint. The Council would be consulted for its views prior to the establishing, amending, or revoking of any motor vehicle safety standard.

The business of establishing safety standards is a delicate one. In many respects, these standards involve engineering, a matter of concern to vehicle manufacturers and equipment suppliers, as well as economics, a matter of concern to the consumer and motoring public. The

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