As Enacted SEC. 115. The Secretary shall carry out the provisions of this Act through a National Traffic Safety Agency (hereinafter referred to as the "Agency"), which he shall establish in the Department of Commerce. The Agency shall be headed by a Traffic Safety 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 prescribed for level V of the Federal Executive Salary Schedule established by the Federal Executive Salary Act of 1964. The Administrator shall be a citizen of the United States, and shall be appointed with due regard for his fitness to discharge efficiently the powers and the duties delegated to him pursuant to this Act. The Administrator shall perform such duties as are delegated to him by the Secretary. National Traffic 10 Safety Agency, establishment. 78 Stat. 419. Conference Report House Report 1919, Page 22 NATIONAL TRAFFIC SAFETY AGENCY Section 115 of the House amendment requires the Secretary to carry out this act through a National Traffic Safety Agency which he is required to establish in the Department of Commerce. This agency is to be headed by a Traffic Safety Administrator appointed by the President, by and with the advice and consent of the Senate, who will be paid at the rate of level V of the Federal executive salary schedule. He is to be a citizen of the United States, appointed with due regard to his fitness to carry out his duties and powers delegated to him, and he is required to have no pecuniary interest in or to own any stock in or bonds of any enterprise involved in manufacturing motor vehicles or motor vehicle equipment, or constructing highways, nor is he to engage in any other business, vocation, or employment. The Administrator is to perform such duties as are delegated to him by the Secretary. Section 115 of the proposed conference substitute is the same as the House amendment except for the deletion of the prohibition with respect to pecuniary interest in businesses manufacturing vehicles or equipment or constructing highways. The deletion of this specific prohibition results in the Administrator being subject to the general provisions of law applicable to all other Federal officers with respect to conflict of interest. House Passed Act Congressional Record-House "SEC. 115. The Secretary shall carry out zen of the United States, and shall be apthe provisions of this Act through a National pointed with due regard for his fitness to Tramc Safety Agency (hereinafter referred discharge emciently the powers and the duties to as the "Agency"), which he shall estab- delegated to him pursuant to this Act. The lish in the Department of Commerce. The Administrator shall have no pecuniary interAgency shall be headed by a Tramc Safety est in or own any stock in or bonds of any Administrator who shall be appointed by enterprise involved in (1) manufacturing the President, by and with the advice and motor vehicles or motor vehicle equipment, consent of the Senate, and shall be compen- or (2) constructing highways, nor shall he sated at the rate prescribed for level V of engage in any other business, vocation, or the Federal Executive Salary Schedule estab- employment. The Administrator shall perlished by the Federal Executive Salary Act form such duties as are delegated to him by of 1964. The Administrator shall be a citi- the Secretary. House Debate Congressional Record-House Mr. STAGGERS. A National Traffic Safety Agency will an Administrator appointed by the be established and headed by a Presiden- President. This should go a long way tially appointed administrator. This to unify the now scattered traffic safety would define and identify the Federal responsibility. The Administrator will Government's interest in and responsi- be primarily responsible for carrying out bility for traffic safety. this traffic safety program. In section 115, the Secretary is required to establish in the Department of Commerce a National Traffic Safety Agency which will be administered by These are some of the improvements that the committee has made since the bill was introduced. 19635 Congressional Record-House Mr. MACKAY. Mr. Chairman, I rise Both bills provide for agencies and administrators. Last March 2 the President said in his message on transportation, that he, by Executive order, would under existing law coordinate all safety activities in the Department of Commerce. Now, 16.000 deaths later, the executive department has not moved. Nothing meaningful has been done about which we have any knowledge. I believe it is the duty of this Congress, therefore, to see to it that we assign specific responsibility. When we fly on an aircraft we know that the FAA and the FAA Administrator are watching over the total environment for the safety of every air traveler. We must, by analogy, assign responsibility for an agency to watch over the total traffic environment and consider every element in it. I predict that unless the Congress assigns explicit responsibility to an agency and administrator under this bill, or under the Department of Transportation, this fine legislation will not be implemented and executed. I believe that what we should do, today and tomorrow, is pass these bills, and then follow through on our responsibility, which is to make effective legislative assignment of responsibility to administer these traffic safety measures in the executive department. Congressional Record-House Mr. RYAN. In view of these facts, I introduced in Agency under the direction of a Traffic the 89th Congress H.R. 13488, a bill to Safety Administrator appointed by the establish & National Traffic Safety President which would deal with motor Agency under the Department of Com- vehicle safety standards. By placing the merce which would have responsibility responsibility for the administration of for administering both motor vehicle this act under a single administrator, it safety and highway safety standards. is hoped that the most effective execuThe pending bill, in section 115, calls for tion of the program will be assured. the creation of a National Traffic Safety Congressional Record-House Mr. GIBBONS. The establishment in the U.S. Depart-nated national program of highway ment of Commerce of a National High- safety. Efforts to accomplish this have way Safety Agency will go a long way been largely too fragmented and ineffectoward the establishment of a coordi- tual. Congressional Record-House Mr. HENDERSON. Mr. Chairman, I tive department to furnish with its report thank the gentleman from Iowa. I would like to make a brief statement to the House and pose a question to the chairman or to a member of the committee. to the committees of Congress the manpower implications of legislation proposed by the executive, that would require new functions or create new agencies. Mr. Chairman, the bill before us today I am most hopeful that the chairman creates a new agency and a new function. or some member of the committee can I have looked through the report accom- inform the committee at this time how panying the bill, and I cannot find any many new Federal employees this new reference to the compliance with Public agency will require and give us some idea Law 801. I would point out to the com- of the payroll or manpower cost if the mittee that this law, originating from bill is enacted. the Manpower Subcommittee that I have the honor to chair, requires the execu I yield to the distinguished chairman from West Virginia for a reply. Mr. STAGGERS. I might say to the gentleman that the agency was added in executive session and without consultation with the executive department, so we do not have the number. Mr. HENDERSON. May I ask the further question: Does the committee have in its file any information for the members of the committee as to the manpower cost of the new agency? Mr. STAGGERS. The cost of the new agency? No. I do not believe that the cost would be too much more. Mr. STAGGERS. I might say that specific monetary authorizations are in the bill before us. The bill sets forth the authorized appropriations in dollar amounts. Mr. GROSS. If the gentleman will yield, can the gentleman tell me how many additional employees there will be? Mr. STAGGERS. I do not know, but we have set up the monetary limit and it cannot go beyond that. We can give you a breakdown of the totals. Does the gentleman want me to say what they are? Mr. GROSS. That is scarcely an answer to the question. Public Law 801 requires the information. Mr. HENDERSON. I would like to put the chairman of this committee and other committee chairmen on notice again, that Public Law 801 is an act of Congress which should be complied with. I recognize that the chairman in this instance makes the point that the new agency was created by the committee, and was not a recommendation of the executive, but I believe by the enactment departments downtown in staffing to of Public Law 801, Congress indicated that it wants this information on hand in every committee as it considers a bill. We are going to do our best to see that Public Law 801 is complied with. Mr. DINGELL. I will be happy to yield in just a moment, but I would point out to my good friend I expect that the carry out the functions required by this Mr. GROSS. Mr. Chairman, will the and circumspection. gentleman yield? Now I yield to the gentleman from Mr. HENDERSON. I am glad to yield North Carolina. to the gentleman from Iowa. Mr. HENDERSON. Mr. Chairman, I Mr. GROSS. I believe this is a thank the gentleman for yielding. I strange situation, when no member of would like to point out that Public Law the committee can tell us what this bill 801 requires the executive department to will cost in terms of additional man- report to the Congress, and I hope that power. There is not one, but two agen- the gentleman will join us in insisting cies are being created under the terms that the executive department comply with laws enacted by the Congress. of this bill. Mr. STAGGERS. Mr. Chairman, I would like to have the attention of the two gentlemen who questioned the cost of this. It is embodied in the bill. The cost of this title is embodied here, and As the gentleman from North Carolina has well pointed out, this committee has completely ignored Public Law 801, which is mandatory with respect to the creation of a new agency or the expansion of an old agency. I am surprisedI am shocked to learn we can get no it tells you very plainly what it is and figures, not even an estimate, of the manpower cost of this legislation. Mr. STAGGERS. Mr. Chairman, will the gentleman yield? Mr. HENDERSON. I yield to the gentleman from West Virginia. it will not exceed that. It is $51 million 19668 Congressional Record-House Mr. DOWDY. Mr. Chairman, I have some questions regarding this bill. This will not take very long. I realize that you are familiar with the bill and the report on the bill that was passed Mr. CRAMER. Yes, that is correct. report of yesterday, there are certain sider, specifically provides for a safety duplications in this bill that I wonder Administrator who will probably take whether they might be pretty expensive. over the functions of both of these AdI do not believe the gentleman would be ministrators. wishing to promote certainly the proliferation of agencies which seems to be going on in the Government. Mr. Chairman, I therefore say to the gentleman that when we consider the transportation bill, I understand proper Mr. Chairman, each of these bills the amendments will be offered at that time one we passed yesterday and the one to coordinate this legislation with the we are discussing today-create an automobile safety legislation and with agency. The one yesterday created a the safety division within the DepartNational Traffic Safety Agency and it is ment of Transportation. to be administered by an Administrator who will be appointed by the President, with the advice and consent of the Senate, at salary level V. The bill sets out his qualifications and what he has to do. Mr. CRAMER. Yes. Mr. DOWDY. Mr. Chairman, will the gentleman yield further? Mr. CRAMER. I yield to the gentleman for one other question. Mr. DOWDY. I think you see my point relating to highway and automobile safety, there seems to be a duplication. Mr. CRAMER. I do not contemplate a duplication. Mr. DOWDY. This one creates an agency similar to the National Trafic Safety Council, a National Highway Safety Agency, to be headed by an Administrator to be appointed by the Sec- Mr. SWEENEY. The gentleman raises retary at a level V with identical a very interesting question in his first qualifications. question about the necessity of having a Mr. CRAMER. I appreciate the gentleman's question which, if he wishes provision in the bill, and it does appear me to answer as to how it came about to appoint a safety agency. that it might be a duplicate of the effort I would and how I contemplate that it will be like to point out, in supplementing what administered, I will be glad to 80 the gentleman pointed out earlier, that indicate. Mr. DOWDY. In other words, I think neither the Senate traffic safety bill nor the Senate highway bill contain provithis is a good bill and I am glad it came out but I would like at least to have this sions for a safety agency, and a safety administration, and we in the House question answered and one further ques- have no assurance that in taking these tion, if I may. Mr. CRAMER. The gentleman's point two bills to conference, an agency and an administrator would be included in is well taken. Mr. Chairman, I would contemplate the legislation finally adopted. So we that the Highway Safety Council in this feel it would be wise to maintain the bill as well as the Council in the automo- provisions so that we can take it to conference. bile safety bill that if the administration wants to do so, the same person could act as the Administrator for both. May I say secondly that the bill to create a Department of Transportation, which I understand we are going to con I quite agree with the statement made by the gentleman in the well that it would be in order that the Highway Administration be under a single agency for both the Traffic Highway Safety Act and the Highway Safety Act. Congressional Record-House Mr. STAGGERS. NATIONAL TRAFFIC SAFETY AGENCY The House version contains provisions creating a National Traffic Safety Agency, and requiring the appointment of an Administrator for that Agency by the President. The Senate version had no comparable provisions. The managers for the Senate accepted the House version. |