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National Traffic 10 Safety Agenoy, establishment.
Sec. 115. The Secretary shall carry out the provisions of this Act through a National Traffic Safety Agency (hereinafter referred to as the "Āgency"), 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 1961. The Administrator shall be a citizen of the l'nited 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.
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
"SEC: 116. 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 atness to Teamc 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. Tho lish in the Department of Commerce. The Administrator shall bave 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 compon. or (2) constructing highways, nor shall bo sated at the rato prescribed for level V of cagage 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 ati. the Secretary.
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 trafic safety.
this trafic safety program. In section 115, the Secretary is re- These are some of the improvements quired to establish in the Department that the committee has made since the of Commerce & National Trafic Safety bill was introduced. Agency which will be administered by
Mr. MACKAY. Mr. Chairman, I rise deaths later, the executive department to speak in behalf of the Staggers bill, has not moved. Nothing meaningful has H.R. 13228, and urge its adoption. I also been done about which we have any urge passage of its companion measure, knowledge. the Fallon bill, H.R. 13290. I believe we I believe it is the duty of this Congress, ought to consider why these bills are be- therefore, to see to it that we assign fore us. They are before us because of specific responsibility. When we fly on the force of American public opinion. an aircraft we know that the FAA and
.......................... the FAA Administrator are watching Both bills provide for agencies and ad- over the total environment for the safety ministrators.
of every air traveler. We must. by Last March 2 the President said in his analogy, assign responsibility for an message on transportation, that he, by agency to watch over the total trafic Executive order, would under existing law environment and consider every element coordinate all safety activities in the De- in it. partment of Commerce. Now, 16.000
I predict that unless the Congress as- then follow through on our responsibilsigns explicit responsibility to an agency ity, which is to make effective legislative and administrator under this bill, or assignment of responsibility to adminunder the Department of Transporta- ister these traffic safety measures in the tion, this fine legislation will not be im- executive department. plemented and executed.
I believe that what we should do, today and tomorrow, is pass these bills, and
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 Trafic 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 bil, in section 115, calls for tion of the program will be assured. the creation of a National Trafic Safety
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,
Mr. HENDERSON. Mr. Chairman, I tive department to furnish with its report thank the gentleman from Iowa. to the committees of Congress the man
I would like to make a brief statement power implications of legislation proto the House and pose a question to the posed by the executive, that would rechairman or to a member of the com- quire new functions or create new mittee.
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 of the mittee that this law, originating from bi is enacted. the Manpower Subcommittee that I have I yield to the distinguished chairman the honor to chair, requires the execu- from West Virginia for a reply.
Mr. STAGGERS. I might say to the Mr. STAGGERS. I might say that gentleman that the agency was added in specific monetary authorizations are in executive session and without consulta- the bill before us. The bull sets forth the tion with the executive department, 80 authorized appropriations in dollar we do not have the number.
amounts. Mr. HENDERSON. May I ask the Mr. GROSS. I the gentleman will further question: Does the committee yield, can the gentleman tell me how have in its alle any information for the many additional employees there will members of the committee as to the man- be? power cost of the new agency?
Mr. STAGGERS. I do not know, but Mr. STAGGERS. The cost of the new we have set up the monetary limit and it agency? No. I do not believe that the cannot go beyond that. We can give cost would be too much more.
you a breakdown of the totals. Does the Mr. HENDERSON. I would Uke to gentleman want me to say what they put the chairman of this committee and are? other committee chairmen on notice Mr. GROSS. That is scarcely an anagain, that Public LAW 801 is an act of swer to the question. Public Law 801 Congress which should be complied with. requires the information.
I recognize that the chairman in this ................................ instance makes the point that the new Mr. DINGELL. I will be happy to agency was created by the committee, yield in just a moment, but I would point and was not a recommendation of the out to my good friend I expect that the executive, but I believe by the enactment departments downtown in stating to of Public Law 801, Congress indicated carry out the functions required by this that it wants this information on hand legislation will exercise great prudence. in every committee as it considers a bill. It is the expectation of this committee
We are going to do our best to see that and every member on it that these matPublic Law 801 is complied with.
ters will be conducted with great caro 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 & 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 bw 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 the
created under wee verms that the executive department comply of this bill.
with laws enacted by the Congress. As the gentleman from North Carolina has well pointed out, this committee has Mr. STAGGERS. Mr. Chairman, I completely ignored Public LAW 801, would like to have the attention of the which is mandatory with respect to the two gentlemen who questioned the cost creation of a new agency or the expan- of this. It is embodied in the bill. The sion of an old agency. I am surprised- cost of this title is embodied here, and I am shocked to learn we can get no it tells you very plainly what it is and figures, not even an estimate, of the it will not exceed that. It is $51 million manpower cost of this legislation.
over a 3-year period. Mr. STAGGERS. Mr. Chairman, will the gentleman yield?
Mr. HENDERSON. I yield to the gentleman from West Virginia.
Mr. DOWDY. Mr. Chairman, I have report on the bill that was passed some questions regarding this bull. This yesterday. will not take very long. I realize that Mr. CRAMER. Yes, that is correct. you are familiar with the bill and the Mr. DOWDY. But separate and
apart from the bill and the committee
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 prolif- Mr. Chairman, I therefore say to the eration of agencies which seems to be gentleman that when we consider the going on in the Government.
transportation bil, I understand proper Mr. Chairman, each of these billsthe 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 Trafic Safety Agency and it is ment of Transportation. to be administered by an Administrator Mr. DOWDY. Mr. Chairman, will the who will be appointed by the President, gentleman yield further? with the advice and consent of the Sen- Mr. CRAMER. I yield to the gentleate, at salary level V. The bill sets out man for one other question. his qualifications and what he has to do. Mr. DOWDY. I think you see my point Mr. CRAMER. Yes.
relating to highway and automobile Mr. DOWDY. This one creates an safety, there seems to be a duplication. agency similar to the National TraucMr. CRAMMR. I do not contemplate Safety Council, & National Highway & duplication. 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
de a very interesting question in his first qualifications. Mr. CRAMER. I appreciate the gen
question about the necessity of having a tleman's question which, if he wishes
- provision in the bill, and it does appear me to answer as to how it came about
that it might be a duplicate of the effort and how I contemplate that it will be
. to appoint a safety agency. I would administered, I will be glad to 80
like to point out, in supplementing what
the gentleman pointed out earlier, that indicate. Mr. DOWDY. In other words, I think ne
- neither the Senate trafic safety bill nor this is a good bill and I am glad it came
the Senate highway bill contain provi
sions for a safety agency, and a safety out but I would like at least to have this question answered and one further ques
administration, and we in the House tion, 1 I may.
have no assurance that in taking these Mr. CRAMER. The gentleman's point two.
lemoint two bills to conference, an agency and is well taken.
an administrator would be included in 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 bull as well as the Council in the automoe provisions so that we can take it to conblle safety bill that in the administration Terence. wants to do so, the game person could act I quite agree with the statement made as the Administrator for both.
by the gentleman in the well that it May I say secondly that the bull to would be in order that the Highway Adcreate a Department of Transportation, ministration be under & single agency which I understand we are going to con• for both the Trafic Highway Safety Act
and the Highway Safety Act.
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.