§ 404. — National Highway Safety Advisory Committee.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC404]
TITLE 23--HIGHWAYS
CHAPTER 4--HIGHWAY SAFETY
Sec. 404. National Highway Safety Advisory Committee
(a)(1) There is established in the Department of Transportation a
National Highway Safety Advisory Committee, composed of the Secretary or
an officer of the Department appointed by him, the Federal Highway
Administrator, the National Highway Traffic Safety Administrator, and
thirty-five members appointed by the President, no more than four of
whom shall be Federal officers or employees. The Secretary shall select
the Chairman of the Committee from among the Committee members. The
appointed members, having due regard for the purposes of this chapter,
shall be selected from among representatives of various State and local
governments, including State legislatures, of public and private
interests contributing to, affected by, or concerned with highway
safety, including the national organizations of passenger car, bus, and
truck owners, and of other public and private agencies, organizations,
or groups demonstrating an active interest in highway safety, as well as
research scientists and other individuals who are expert in this field.
(2)(A) Each member appointed by the President shall hold office for
a term of three years, except that (i) any member appointed to fill a
vacancy occurring prior to the expiration of the term for which his
predecessor was appointed shall be appointed for the remainder of such
term, and (ii) the terms of office of members first taking office after
the date of enactment of this section shall expire as follows: Twelve at
the end of one year after the date such committee members are appointed
by the President, twelve at the end of two years after the date such
committee members are appointed by the President, and eleven at the end
of three years after the date such committee members are appointed, as
designated by the President at the time of appointment, and (iii) the
term of any member shall be extended until the date on which the
successor's appointment is effective. None of the members appointed by
the President who has served a three-year term, other than Federal
officers or employees, shall be eligible for reappointment within one
year following the end of his preceding term.
(B) Members of the Committee who are not officers or employees of
the United States shall, while attending meetings or conferences of such
Committee or otherwise engaged in the business of such Committee, be
entitled to receive compensation at a rate fixed by the Secretary, but
not exceeding $100 per diem, including traveltime, and while away from
their homes or regular places of business they may be allowed travel
expenses, including per diem in lieu of subsistence, as authorized in
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 Committee employees
or officials of the United States for any purpose.
(b) The National Highway Safety Advisory Committee shall advise,
consult with, and make recommendations to, the Secretary on matters
relating to the activities and functions of the Department in the field
of highway safety. The Committee is authorized (1) to review research
projects or programs submitted to or recommended by it in the field of
highway safety and recommend to the Secretary, for prosecution under
this title, any such projects which it believes show promise of making
valuable contributions to human knowledge with respect to the cause and
prevention of highway accidents; and (2) to review, prior to issuance,
standards proposed to be issued by order of the Secretary under the
provisions of section 402(a) of this title and to make recommendations
thereon. Such recommendations shall be published in connection with the
Secretary's determination or order.
(c) The National Highway Safety Advisory Committee shall meet from
time to time as the Secretary shall direct, but at least once each year.
(d) The Secretary shall provide to the National Highway Safety
Committee from among the personnel and facilities of the Department of
Commerce \1\ such staff and facilities as are necessary to carry out the
functions of such Committee.
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``Transportation''.
---------------------------------------------------------------------------
(Added Pub. L. 89-564, title I, Sec. 101, Sept. 9, 1966, 80 Stat. 733;
amended Pub. L. 90-150, Nov. 24, 1967, 81 Stat. 507; Pub. L. 93-87,
title II, Sec. 223, Aug. 13, 1973, 87 Stat. 292; Pub. L. 94-280, title
II, Sec. 209, May 5, 1976, 90 Stat. 455.)
References in Text
The date of enactment of this section, referred to in subsec.
(a)(2)(A), is Sept. 9, 1966.
Section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-
2), referred to in subsec. (a)(2)(B), was repealed by Pub. L. 89-554,
Sec. 8(a), Sept. 6, 1966, 80 Stat. 632. Section 7(b) of Pub. L. 89-554
provided that references to sections of former Title 5, Executive
Departments and Government Officers and Employees, are to be deemed to
be references to corresponding provisions of Title 5, Government
Organization and Employees. Provisions similar to section 73b-2 of
former title 5 are now contained in section 5703 of Title 5, Government
Organization and Employees.
Amendments
1976--Subsec. (a)(1). Pub. L. 94-280 substituted provision for
selection by the Secretary of the Chairman of the Committee from among
the Committee members for prior provision making the Secretary or an
officer of the Department appointed by him the Chairman of the
Committee.
1973--Subsec. (a)(1). Pub. L. 93-87 added the National Highway
Traffic Safety Administrator to the membership of the National Highway
Safety Advisory Committee.
1967--Subsec. (a)(1). Pub. L. 90-150, Sec. 1(1), substituted
``Department of Transportation'' for ``Department of Commerce'',
increased number of Committee appointees from twenty-nine to thirty-
five, and provided for selection of members from representatives of
national organizations of passenger car, bus, and truck owners.
Subsec. (a)(2)(A). Pub. L. 90-150, Sec. 1(2), substituted provisions
for expirations of term of office of initial appointees one, two, and
three years after date of appointment for twelve, twelve, and eleven
members, respectively, for former provisions for such expiration one,
two, and three years following enactment date of Sept. 9, 1966, for ten,
ten, and nine members, respectively, and prohibited reappointment within
one year after end of preceding term of member serving a three-year term
of office.
Termination of Advisory Committees
Advisory committees in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5, 1973,
unless, in the case of a committee established by the President or an
officer of the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a committee established by the Congress, its duration is
otherwise provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
Organization and Employees.
