Page:United States Statutes at Large Volume 88 Part 1.djvu/746

 702

PUBLIC LAW 93-383-AUG. 22, 1974

[88 STAT.

(2) consult with such State or interstate agencies (including legislative committees) as he deems appropriate; (3) consider whether any such proposed standard is reasonable for the particular type of mobile home or for the geographic region for which it is prescribed; (4) consider the probable effect of such standard on the cost of the mobile home to the public; and (5) consider the extent to which any such standard will contribute to carrying out the purposes of this title. (g) The Secretary shall issue an order establishing initial Federal mobile home construction and safety standards not later than one year after the date of enactment of this Act. NATIONAL MOBILE HOME ADVISORY COUNCIL 42 USC 5404. Appointment;

m^bership?"

5 USC 101 et seq.

consultation.

eompensation.

SEC. 605. (a) The Secretary shall appoint a National Mobile Home Advisory Council with the following composition: eight members selected from among consumer organizations, community organizations, and recognized consumer leaders; eight members from the mobile home industry and related groups including at least one representative of small business; and eight members selected from government agencies including Federal, State, and local governments. Appointments under this subsection shall be made without regard to the provisions of title 5, United States Code, relating to appointments in the competitive service, classification, and General Schedule pay rates. The Secretary shall publish the names of the members of the Council annually and shall designate which members represent the general public. (b) The Secretary shall, to the extent feasible, consult with the Advisory Council prior to establishing, amending, or revoking any mobile home construction or safety standard pursuant to the provisions of this title. ^^^ ^^^ member of the National Mobile Home Advisory Council who is appointed from outside the Federal Government may be compensated at a rate not to exceed $100 per diem (including traveltime) 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 5703(b) of title 5, United States Code, for persons in the Government service employed intermittently. JUDICIAL REVIEW OF ORDERS

42 USC"5405T^'

evidenceT^

^^^' ^^^' (^)(1) ^^ ^ case of actual controversy as to the validity of any order under section 604, any person who may be adversely affected by such order when it is effective may at any time prior to the sixtieth day after such order is issued file a petition with the United States court of appeals for the circuit wherein such person resides or has his principal place of business, for judicial review of such order. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary or other officer designated by him for that purpose. The Secretary thereupon shall file in the court the record of the proceedings on which the Secretary based his order, as provided in section 2112 of title 28, United States Code. (2) If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Secretary, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Secretary, and to be adduced

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