23 U.S. Code § 402 - Highway safety programs

This Act, referred to in subsec. (d), probably means Pub. L. 93–87, Aug. 13, 1973, 87 Stat. 250. For complete classification of this Act to the Code, see Tables.

The date of enactment of this subsection, referred to in subsec. (j), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.

2021—Pub. L. 117–58, § 24102(a)(1), (2), substituted “crashes” for “accidents” and “crash” for “accident” wherever appearing. Amendment was executed in subsec. (a)(2)(A)(viii) by substituting “post-crash” for “post-accident” to reflect the probable intent of Congress.

Subsec. (a)(1). Pub. L. 117–58, § 24102(a)(3)(A), substituted “shall have in effect a highway safety program that—” and cls. (i) to (iv) for “shall have a highway safety program, approved by the Secretary, that is designed to reduce traffic accidents and the resulting deaths, injuries, and property damage.”

Subsec. (a)(2)(A)(ii). Pub. L. 117–58, § 24102(a)(3)(B)(i), substituted “safety belts” for “occupant protection devices (including the use of safety belts and child restraint systems)”.

Subsec. (a)(2)(A)(iii) to (xiv). Pub. L. 117–58, § 24102(a)(3)(B)(ii)–(v), added cls. (iii) and (x) to (xiv) and redesignated former cls. (iii) to (viii) as (iv) to (ix), respectively.

Subsec. (a)(3). Pub. L. 117–58, § 24102(a)(3)(C), added par. (3).

Subsec. (b)(1). Pub. L. 117–58, § 24102(a)(4)(A), substituted “shall” for “may” in introductory provisions.

Subsec. (b)(1)(B). Pub. L. 117–58, § 24102(a)(4)(B), added subpar. (B) and struck out former subpar. (B) which read as follows: “authorize political subdivisions of the State to carry out local highway safety programs within their jurisdictions as a part of the State highway safety program if such local highway safety programs are approved by the Governor and are in accordance with the minimum standards established by the Secretary under this section;”.

Subsec. (b)(1)(C). Pub. L. 117–58, § 24102(a)(4)(C), struck out “authorized in accordance with subparagraph (B)” after “local highway safety programs”.

Subsec. (b)(1)(D). Pub. L. 117–58, § 24102(a)(4)(D), substituted “, including those with disabilities and those in wheelchairs” for “with disabilities, including those in wheelchairs”.

Subsec. (b)(1)(E). Pub. L. 117–58, § 24102(a)(4)(E), added subpar. (E) and struck out former subpar. (E) which read as follows: “beginning on the first day of the first fiscal year after the date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012 for which a State submits its highway safety plan under subsection (k), provide for a data-driven traffic safety enforcement program to prevent traffic violations, crashes, and crash fatalities and injuries in areas most at risk for such incidents, to the satisfaction of the Secretary;”.

Subsec. (b)(1)(F)(i). Pub. L. 117–58, § 24102(a)(4)(F)(i), substituted “national, high-visibility” for “national law enforcement mobilizations and high-visibility”.

Subsec. (b)(1)(F)(vi). Pub. L. 117–58, § 24102(a)(4)(F)(ii)–(iv), added cl. (vi).

Subsec. (c)(1). Pub. L. 117–58, § 24102(a)(5)(A), substituted “Use for state activities” for “In general” in par. heading; designated existing provisions as subpar. (A), inserted subpar. heading, and substituted “The funds authorized” for “Funds authorized”; and added subpar. (B).

Subsec. (c)(2), (3). Pub. L. 117–58, § 24102(a)(5)(B), added pars. (2) and (3) and struck out former pars. (2) and (3) which related to apportionment and reapportionment of funds for highway safety programs, respectively.

Subsec. (c)(4). Pub. L. 117–58, § 24102(a)(5)(C), redesignated subpars. (A) and (B) as (B) and (A), respectively, added subpars. (C) and (D), and struck out former subpar. (C) which required a State with an automated traffic enforcement system to conduct a biennial survey that the Secretary would make publicly available through the Internet Web site of the Department of Transportation.

Subsec. (k). Pub. L. 117–58, § 24102(a)(6)(A), substituted “Triennial Highway Safety Plan” for “Highway Safety Plan and Reporting Requirements” in heading.

Subsec. (k)(1). Pub. L. 117–58, § 24102(a)(6)(A), (B), reenacted heading without change and substituted “For fiscal year 2024, and not less frequently than once every 3 fiscal years thereafter” for “With respect to fiscal year 2014, and each fiscal year thereafter” and “for the 3 fiscal years covered by the plan, to develop and submit to the Secretary for approval a triennial highway safety plan” for “for that fiscal year, to develop and submit to the Secretary for approval a highway safety plan”.

Subsec. (k)(2). Pub. L. 117–58, § 24102(a)(6)(C), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “Each State shall submit to the Secretary the highway safety plan not later than July 1st of the fiscal year preceding the fiscal year to which the plan applies.”

Subsec. (k)(3). Pub. L. 117–58, § 24102(a)(6)(D), inserted “triennial” before “highway”.

Subsec. (k)(4)(A). Pub. L. 117–58, § 24102(a)(6)(E)(i), in introductory provisions, substituted “Each State triennial highway safety plan” for “State highway safety plans” and inserted “, with respect to the 3 fiscal years covered by the plan, based on the information available on the date of submission under paragraph (2)” after “include”.

Subsec. (k)(4)(A)(ii). Pub. L. 117–58, § 24102(a)(6)(E)(ii), substituted “performance targets that demonstrate constant or improved performance” for “annual performance targets”.

Subsec. (k)(4)(B). Pub. L. 117–58, § 24102(a)(6)(E)(iii), added subpar. (B) and struck out former subpar. (B) which read as follows: “a strategy for programming funds apportioned to the State under this section on projects and activities that will allow the State to meet the performance targets described in subparagraph (A);”.

Subsec. (k)(4)(D). Pub. L. 117–58, § 24102(a)(6)(E)(iv), struck out “, State, local, or private” after “any Federal” and inserted “and” after semicolon at end.

Subsec. (k)(4)(E). Pub. L. 117–58, § 24102(a)(6)(E)(v), struck out “for the fiscal year preceding the fiscal year to which the plan applies,” before “a report” and substituted “performance targets set forth in the most recently submitted highway safety plan.” for “performance targets set forth in the previous year’s highway safety plan; and”.

Subsec. (k)(4)(F). Pub. L. 117–58, § 24102(a)(6)(E)(vi), struck out subpar. (F) which read as follows: “an application for any additional grants available to the State under this chapter.”

Subsec. (k)(5). Pub. L. 117–58, § 24102(a)(6)(F), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: “For the first highway safety plan submitted under this subsection, the performance measures required by the Secretary under paragraph (3)(A) shall be limited to those developed by the National Highway Traffic Safety Administration and the Governor’s Highway Safety Association and described in the report, ‘Traffic Safety Performance Measures for States and Federal Agencies’ (DOT HS 811 025). For subsequent highway safety plans, the Secretary shall coordinate with the Governor’s Highway Safety Association in making revisions to the set of required performance measures.”

Subsec. (k)(6). Pub. L. 117–58, § 24102(a)(6)(G)(i), inserted “triennial” before “highway” in heading.

Subsec. (k)(6)(A). Pub. L. 117–58, § 24102(a)(6)(G)(iv), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “Not later than 45 days after the date on which a State’s highway safety plan is received by the Secretary, the Secretary shall review and approve or disapprove the plan.”

Subsec. (k)(6)(B). Pub. L. 117–58, § 24102(a)(6)(G)(iv), added subpar. (B). Former subpar. (B) redesignated (C).

Subsec. (k)(6)(C). Pub. L. 117–58, § 24102(a)(6)(G)(ii), (iii), redesignated subpar. (B) as (C) and inserted “triennial” before “highway” in two places. Former subpar. (C) redesignated (D).

Subsec. (k)(6)(D) to (F). Pub. L. 117–58, § 24102(a)(6)(G)(ii), (iii), redesignated subpars. (C) to (E) as (D) to (F), respectively, and inserted “triennial” before “highway”.

Subsec. (l). Pub. L. 117–58, § 24102(a)(7), added subsec. (l).

Subsec. (m)(1). Pub. L. 117–58, § 24102(a)(8), substituted “the applicable triennial highway safety plan of the State” for “a State’s highway safety plan”.

Subsec. (n). Pub. L. 117–58, § 24102(a)(9), added subsec. (n) and struck out former subsec. (n). Prior to amendment, text read as follows: “The Secretary shall publicly release on its website information that contains each State’s performance with respect to the State’s highway safety plan under subsection (k) and performance targets set by the States in such plans. Such information shall be posted on the website within 45 calendar days of approval of a State’s highway safety plan.”

Subsec. (o). Pub. L. 117–58, § 24222(b), added subsec. (o).

2019—Subsec. (n). Pub. L. 115–420 added subsec. (n) and struck out former subsec. (n). Prior to amendment, text read as follows: “Not later than October 1, 2015, and biennially thereafter, the Secretary shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that contains—

“(1) an evaluation of each State’s performance with respect to the State’s highway safety plan under subsection (k) and performance targets set by the States in such plans; and

“(2) such recommendations as the Secretary may have for improvements to activities carried out under subsection (k).”

2015—Subsec. (a)(2)(A)(viii). Pub. L. 114–94, § 4002(1), added cl. (viii).

Subsec. (b)(1)(C). Pub. L. 114–94, § 4014(1)(A)(i), substituted “paragraph (2)” for “paragraph (3)”.

Subsec. (b)(1)(E). Pub. L. 114–94, § 4014(1)(A)(ii), substituted “for which” for “in which” and “under subsection (k)” for “under subsection (f)”.

Subsec. (c)(4)(C). Pub. L. 114–94, § 4002(2), added subpar. (C).

Subsec. (g). Pub. L. 114–94, § 4002(3), added subsec. (g) and struck out former subsec. (g). Prior to amendment, text read as follows:

“(1) In general.—Except as provided under paragraph (2), nothing in this section may be construed to authorize the appropriation or expenditure of funds for—

“(A) highway construction, maintenance, or design (other than design of safety features of highways to be incorporated into guidelines); or

“(B) any purpose for which funds are authorized under section 403.

“(2) Demonstration projects.—A State may use funds made available to carry out this section to assist in demonstration projects carried out by the Secretary under section 403.”

Subsec. (k)(3). Pub. L. 114–94, § 4002(4)(B), added par. (3). Former par. (3) redesignated (4).

Subsec. (k)(4). Pub. L. 114–94, § 4014(1)(B), which directed substitution of “under paragraph (3)(A)” for “under paragraph (2)(A)” in par. (5) as redesignated by Pub. L. 114–94, § 4002(4)(A), was executed by making substitution to par. (4) to reflect the probable intent of Congress. See Effective Date of 2015 Amendment note below.

Pub. L. 114–94, § 4002(4)(A) redesignated par. (3) as (4). Former par. (4) redesignated (5).

Subsec. (k)(5). Pub. L. 114–94, § 4002(4)(A), redesignated par. (4) as (5). Former par. (5) redesignated (6).

Subsec. (k)(6). Pub. L. 114–94, § 4002(4)(A), redesignated par. (5) as (6).

Subsec. (k)(6)(A). Pub. L. 114–94, § 4002(4)(C), substituted “45 days” for “60 days”.

Subsec. (m)(2)(B)(ix), (x). Pub. L. 114–94, § 4002(5), added cls. (ix) and (x).

2012—Subsec. (a). Pub. L. 112–141, § 31102(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) related to State highway programs designed to reduce traffic accidents and deaths in accordance with uniform guidelines promulgated by the Secretary.

Subsec. (b)(1)(E), (F). Pub. L. 112–141, § 31102(b)(1)(A)–(C), added subpar. (E) and redesignated former subpar. (E) as (F).

Subsec. (b)(1)(F)(i). Pub. L. 112–141, § 31102(b)(1)(D)(i), inserted “and high-visibility law enforcement mobilizations coordinated by the Secretary” after “mobilizations”.

Subsec. (b)(1)(F)(v). Pub. L. 112–141, § 31102(b)(1)(D)(ii)–(iv), added cl. (v).

Subsec. (b)(3). Pub. L. 112–141, § 31102(b)(2), struck out par. (3). Text read as follows: “The Secretary may encourage States to use technologically advanced traffic enforcement devices (including the use of automatic speed detection devices such as photo-radar) by law enforcement officers.”

Subsec. (c). Pub. L. 112–141, § 31102(c), inserted subsec. and par. headings and substantially revised text of subsec. (c). Prior to amendment, subsec. (c) related to use of funds appropriated to carry out this section.

Subsec. (g). Pub. L. 112–141, § 31102(d), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “Nothing in this section authorizes the appropriation or expenditure of funds for (1) highway construction, maintenance, or design (other than design of safety features of highways to be incorporated into guidelines) or (2) any purpose for which funds are authorized by section 403 of this title.”

Subsecs. (h) to (j). Pub. L. 112–141, § 31102(e)(2), (3), redesignated subsecs. (i), (j), and (l) as (h), (i), and (j), respectively.

Subsec. (k). Pub. L. 112–141, § 31102(e)(1), (f), added subsec. (k) and struck out former subsec. (k) which related to grants to States for the development and use of a comprehensive computerized safety recordkeeping system designed to correlate data regarding traffic accidents, drivers, motor vehicles, and roadways.

Subsec. (l). Pub. L. 112–141, § 31102(e)(3), redesignated subsec. (l) as (j).

Subsec. (m). Pub. L. 112–141, § 31102(e)(1), (g), added subsec. (m) and struck out former subsec. (m). Prior to amendment, text read as follows: “The Secretary shall establish an approval process by which a State may apply for all grants under this chapter for which a single application process with one annual deadline is appropriate. The Bureau of Indian Affairs shall establish a similar simplified process for applications for grants from Indian tribes under this chapter.”

Subsec. (n). Pub. L. 112–141, § 31102(h), added subsec. (n).

2008—Subsec. (b). Pub. L. 110–244, § 303(c)(1)(A), repealed amendment by Pub. L. 109–59, § 2002(b)(2). See 2005 Amendment note below.

Subsec. (b)(1)(E). Pub. L. 110–244, § 303(c)(1)(B), renumbered Pub. L. 109–59, § 2002(b)(1), (3), (4). See 2005 Amendment note below.

Subsec. (c). Pub. L. 110–244, § 303(a), in fifth sentence, substituted “The annual apportionment to each State shall not be less than three-quarters of 1 percent” for “The annual apportionment to each State shall not be less than one-half of 1 per centum”.

Subsec. (m). Pub. L. 110–244, § 303(b), in first sentence, substituted “for which” for “through” and inserted “is appropriate” before period at end.

2005—Subsec. (a). Pub. L. 109–59, § 2002(a)(4), inserted “aggressive driving, fatigued driving, distracted driving,” after “school bus accidents,” in tenth sentence.

Subsec. (a)(2). Pub. L. 109–59, § 2002(a)(1), struck out “and to increase public awareness of the benefit of motor vehicles equipped with airbags” before comma at end.

Subsec. (a)(6), (7). Pub. L. 109–59, § 2002(a)(2), (3), added cl. (6) and redesignated former cl. (6) as (7).

Subsec. (b). Pub. L. 109–59, § 2002(b)(2), which directed amendment of subsec. (b)(1) by redesignating cl. (6) as (7) and could not be executed, was repealed by Pub. L. 110–244, § 303(c)(1)(A).

Subsec. (b)(1)(E). Pub. L. 109–59, § 2002(b)(1)–(3), formerly § 2002(b)(1), (3), (4), as renumbered by Pub. L. 110–244, § 303(c)(1)(B), added subpar. (E).

Subsec. (c). Pub. L. 109–59, § 2002(c)(2), which directed amendment of subsec. (c) by substituting “2 percent” for “three-fourths of 1 percent” in sixth sentence, was executed by making the substitution in fifth sentence to reflect the probable intent of Congress and the amendment by Pub. L. 109–59, § 2002(c)(1). See below.

Pub. L. 109–59, § 2002(c)(1), struck out second sentence which read as follows: “Such funds shall be subject to a deduction not to exceed 5 per centum for the necessary costs of administering the provisions of this section, and the remainder shall be apportioned among the several States.”

Subsecs. (l), (m). Pub. L. 109–59, § 2002(d), added subsecs. (l) and (m).

1998—Subsec. (a). Pub. L. 105–178, § 2001(a), in fourth sentence, substituted “(4) to prevent accidents and” for “(4) to”, in eighth sentence, struck out “include information obtained by the Secretary under section 4007 of the Intermodal Surface Transportation Efficiency Act of 1991 and” before “provide for annual reports to the Secretary”, and in twelfth sentence, inserted “enforcement of light transmission standards of window glazing for passenger motor vehicles and light trucks as necessary to improve highway safety,” before “and emergency services”.

Subsec. (b). Pub. L. 105–178, § 2001(b), inserted heading, redesignated pars. (3) to (5) as (1) to (3), respectively, substituted “paragraph (3)” for “paragraph (5)” in par. (1)(C) and “paragraph (1)(C)” for “paragraph (3)(C)” in par. (2), and struck out former pars. (1) and (2) which read as follows:

“(b)(1) The Secretary shall not approve any State highway safety program under this section which does not—

“(A) provide that the Governor of the State shall be responsible for the administration of the program through a State highway safety agency which shall have adequate powers, and be suitably equipped and organized to carry out, to the satisfaction of the Secretary, such program.

“(B) authorize political subdivisions of such State to carry out local highway safety programs within their jurisdictions as a part of the State highway safety program if such local highway safety programs are approved by the Governor and are in accordance with the uniform guidelines of the Secretary promulgated under this section.

“(C) provide that at least 40 per centum of all Federal funds apportioned under this section to such State for any fiscal year will be expended by the political subdivisions of such State in carrying out local highway safety programs authorized in accordance with subparagraph (B) of this paragraph.

“(D) provide adequate and reasonable access for the safe and convenient movement of physically handicapped persons, including those in wheelchairs, across curbs constructed or replaced on or after July 1, 1976, at all pedestrian crosswalks throughout the State.

“(E) provide for programs (which may include financial incentives and disincentives) to encourage the use of safety belts by drivers of, and passengers in, motor vehicles.

“(2) The Secretary is authorized to waive the requirement of subparagraph (C) of paragraph (1) of this subsection, in whole or in part, for a fiscal year for any State whenever he determines that there is an insufficient number of local highway safety programs to justify the expenditure in such State of such percentage of Federal funds during such fiscal year.”

Subsec. (c). Pub. L. 105–178, § 2001(c), in sixth sentence, inserted “the apportionment to the Secretary of the Interior shall not be less than three-fourths of 1 percent of the total apportionment and” before “the apportionments to the Virgin Islands”.

Subsec. (d). Pub. L. 105–178, § 1212(a)(2)(A)(i), substituted “State transportation department” for “State highway department”.

Subsec. (i). Pub. L. 105–178, § 2001(d), inserted heading and amended text of subsec. (i) generally. Prior to amendment, text read as follows: “For the purpose of the application of this section on Indian reservations, ‘State’ and ‘Governor of a State’ includes the Secretary of the Interior and ‘political subdivision of a State’ includes an Indian tribe: Provided, That, notwithstanding the provisions of subparagraph (C) of subsection (b)(1) hereof, 95 per centum of the funds apportioned to the Secretary of the Interior after date of enactment, shall be expended by Indian tribes to carry out highway safety programs within their jurisdictions: And provided further, That the provisions of subparagraph (E) of subsection (b)(1) hereof shall be applicable except in those tribal jurisdictions in which the Secretary determines such programs would not be practicable.”

Subsec. (j). Pub. L. 105–178, § 2001(e), amended heading and text of subsec. (j) generally. Prior to amendment, text read as follows: “The Secretary shall, not later than September 1, 1987, begin a rulemaking process to determine those programs most effective in reducing accidents, injuries, and deaths. Not later than April 1, 1988, the Secretary shall promulgate a final rule establishing those programs determined to be most effective in reducing accidents, injuries, and deaths. If such rule is promulgated by April 1, 1988, then it shall take effect October 1, 1988. If such rule is not promulgated by April 1, 1988, it shall take effect October 1, 1989. After a rule is promulgated in accordance with this subsection, the Secretary may from time to time thereafter revise such rule under a rulemaking process described in the first sentence of this subsection. Any rule under this subsection shall be promulgated taking into account consideration of the States having a major role in establishing programs described in the first sentence of this subsection. When a rule promulgated in accordance with this subsection takes effect, only those programs established by such rule as most effective in reducing accidents, injuries, and deaths shall be eligible to receive Federal financial assistance under this section.”

1995—Subsec. (a). Pub. L. 104–66 struck out after fourth sentence “If the Secretary does not designate as priority programs those programs described in the preceding sentence, the Secretary shall submit to Congress a report describing the reasons for not prioritizing such programs.”

1991—Subsec. (a). Pub. L. 102–240, § 2002(a), inserted after third sentence “In addition, such uniform guidelines shall include programs (1) to reduce injuries and deaths resulting from motor vehicles being driven in excess of posted speed limits, (2) to encourage the proper use of occupant protection devices (including the use of safety belts and child restraint systems) by occupants of motor vehicles and to increase public awareness of the benefit of motor vehicles equipped with airbags, (3) to reduce deaths and injuries resulting from persons driving motor vehicles while impaired by alcohol or a controlled substance, (4) to reduce deaths and injuries resulting from accidents involving motor vehicles and motorcycles, (5) to reduce injuries and deaths resulting from accidents involving school buses, and (6) to improve law enforcement services in motor vehicle accident prevention, traffic supervision, and post-accident procedures. If the Secretary does not designate as priority programs those programs described in the preceding sentence, the Secretary shall submit to Congress a report describing the reasons for not prioritizing such programs. The Secretary shall establish a highway safety program for the collection and reporting of data on traffic-related deaths and injuries by the States. Under such program, the States shall collect and report such data as the Secretary may require. The purposes of the program are to ensure national uniform data on such deaths and injuries and to allow the Secretary to make determinations for use in developing programs to reduce such deaths and injuries and making recommendations to Congress concerning legislation necessary to implement such programs. The program shall include information obtained by the Secretary under section 4007 of the Intermodal Surface Transportation Efficiency Act of 1991 and provide for annual reports to the Secretary on the efforts being made by the States in reducing deaths and injuries occurring at highway construction sites and the effectiveness and results of such efforts. The Secretary shall establish minimum reporting criteria for the program. Such criteria shall include, but not be limited to, criteria on deaths and injuries resulting from police pursuits, school bus accidents, and speeding, on traffic-related deaths and injuries at highway construction sites and on the configuration of commercial motor vehicles involved in motor vehicle accidents.”

Subsec. (b)(3) to (5). Pub. L. 102–240, § 2002(b), added pars. (3) to (5).

Subsec. (d). Pub. L. 102–240, § 2002(c), substituted “National Highway System” for “Federal-aid primary”.

1987—Subsec. (a). Pub. L. 100–17, § 206(a), (b), substituted “guidelines” for “standards” wherever appearing and struck out provisions authorizing the Secretary to temporarily amend or waive standards in public interest for purpose of evaluating new or different highway safety programs instituted on an experimental, pilot or demonstration basis.

Subsec. (b)(1)(B). Pub. L. 100–17, § 206(a), substituted “guidelines” for “standards”.

Subsec. (b)(1)(D) to (F). Pub. L. 100–17, § 206(c), redesignated subpars. (E) and (F) as (D) and (E), respectively, and struck out former subpar. (D) which read as follows: “provide for comprehensive driver training programs, including (1) the initiation of a State program for driver education in the school systems or for a significant expansion and improvement of such a program already in existence, to be administered by appropriate school officials under the supervision of the Governor as set forth in subparagraph (A) of this paragraph; (2) the training of qualified school instructors and their certification; (3) appropriate regulation of other driver training schools, including licensing of the schools and certification of their instructors; (4) adult driver training programs, and programs for the retraining of selected drivers; (5) adequate research, development and procurement of practice driving facilities, simulators, and other similar teaching aids for both school and other driver training use, and (6) driver education programs, including research, that will assure greater safety for bicyclists using public roads in such State.”

Subsec. (c). Pub. L. 100–17, §§ 133(b)(20), 206(a), substituted “Such” for “For the fiscal years ending June 30, 1967, June 30, 1968, and June 30, 1969, such funds shall be apportioned 75 per centum on the basis of population and 25 per centum as the Secretary in his administrative discretion may deem appropriate and thereafter such”, “American Samoa, and the Commonwealth of the Northern Mariana Islands” for “and American Samoa”, “The Secretary shall” for “After December 31, 1969, the Secretary shall”, and “guideline” for “standard” wherever appearing.

Subsecs. (e) to (g). Pub. L. 100–17, § 206(a), substituted “guidelines” for “standards”.

Subsec. (j). Pub. L. 100–17, § 206(d), amended subsec. (j) generally. Prior to amendment, subsec. (j) read as follows: “The Secretary of Transportation shall, not later than September 1, 1981, begin a rulemaking process to determine those programs most effective in reducing accidents, injuries, and deaths. Such rule shall be promulgated taking into account consideration of the States having a major role in establishing these programs. Not later than April 1, 1982, the Secretary shall promulgate a final rule establishing those programs determined most effective in reducing accidents, injuries, and deaths. Before such rule shall take effect, it shall be transmitted to Congress. If such rule is not transmitted by April 1, 1982, it shall not take effect before October 1, 1983. If such rule is transmitted by April 1, 1982, it shall take effect October 1, 1982, unless before June 1, 1982, either House of Congress by resolution disapproves such rule. If such rule is disapproved by either House of Congress, the Secretary shall not apportion or obligate any amount authorized to carry out this section for the fiscal year ending September 30, 1983, or any subsequent fiscal year, unless specifically authorized to do so by a statute enacted after the date of enactment of the Omnibus Budget Reconciliation Act of 1981. When a rule promulgated in accordance with this subsection takes effect, only those programs established by such rule as most effective in reducing accidents, injuries, and deaths shall be eligible to receive Federal financial assistance under this chapter.”

1984—Subsec. (c). Pub. L. 98–363, § 3(a), inserted “, except that the apportionments to the Virgin Islands, Guam, and American Samoa shall be not less than one-quarter of 1 per centum of the total apportionment” in sixth sentence.

Subsec. (k). Pub. L. 98–363, § 5, added subsec. (k).

1983—Subsec. (c). Pub. L. 97–424 struck out provision that apportionments to Virgin Islands, Guam, and American Samoa were not to be less than one third of 1 per centum of total apportionment from provision relating to the minimum apportionment for each State.

1981—Subsec. (b)(1). Pub. L. 97–35, § 1107(e), struck out subpar. (D) which related to aggregate expenditure of funds, and redesignated subpars. (E) to (G) as (D) to (F), respectively.

Subsec. (h). Pub. L. 97–35, § 1107(c), struck out subsec. (h) which related to continuation in effect of uniform safety standards promulgated on or before July 1, 1973.

Subsec. (j). Pub. L. 97–35, § 1107(d), substituted provisions requiring the Secretary to begin by Sept. 1, 1981, a rulemaking process to determine the most effective programs to reduce accidents, injuries, and deaths, and procedures applicable to the process, for provisions authorizing the Secretary to make incentive grants to States most progressive in reducing traffic fatalities, criteria, duration, etc., of such grants, and authorization of appropriations.

1978—Subsec. (a). Pub. L. 95–599, § 207(a), inserted “including, but not limited to, such programs for identifying accident causes, adopting measures to reduce accidents, and evaluating effectiveness of such measures” after “one or more States”.

Subsec. (b)(1)(A). Pub. L. 95–599, § 207(b)(1), substituted “State highway safety agency” for “State agency”.

Subsec. (b)(1)(G). Pub. L. 95–599, § 207(c), added subpar. (G).

Subsec. (d). Pub. L. 95–599, § 207(d), inserted “(other than planning and administration)” after “State highway safety program” and “(other than one for planning or administration)” after “cost of any project under this section”.

1976—Subsec. (c), sixth sentence. Pub. L. 94–280, § 211, inserted exception provision requirement that the apportionments to the Virgin Islands, Guam, and American Samoa be not less than one-third of 1 per centum of the total apportionment.

Subsec. (c), eighth and ninth sentences. Pub. L. 94–280, § 208(a), inserted eighth and ninth sentences: excluding from any highway safety program approved by the Secretary any requirement that a State implement a Federal safety helmet wearing standard for operators or passengers of motorcycles by adopting or enforcing any law, rule, or regulation based on the Federal standard, and authorizing State implementation of a highway safety program without compliance with every uniform standard in every State; and deleted prior eighth, ninth, and tenth sentences providing for: a 10 per centum reduction of funds apportioned to a State on or after January 1, 1970, for nonimplementation of a highway safety program approved by the Secretary during such a period; suspension of application of such provision during necessary periods when in the public interest; and reapportionment of withheld amounts to other States in accordance with applicable provisions of law, now covered in the tenth through thirteenth sentences.

Subsec. (c), tenth through thirteenth sentences. Pub. L. 94–280, § 212, inserted provisions for: a 50 per centum reduction of funds apportioned to a State during time of absence or nonimplementation of a highway safety program; gravity rule in determining amount of reduction of funds; apportionment to a State of withheld funds prior to the end of the fiscal year for which the funds were withheld in event of approval of or State implementation of a highway safety program; and for reapportionment of funds to other States in accordance with the prescribed formula not later than 30 days after determination of absence of correction by a State, similar provisions being formerly covered in prior eighth, ninth, and tenth sentences providing for: a 10 per centum reduction of funds apportioned to a State on or after January 1, 1970, for nonimplementation of a highway safety program approved by the Secretary during such a period; suspension of application of such provision during necessary periods when in the public interest; and reapportionment of withheld amounts to other States in accordance with applicable provisions of law.

Subsec. (j)(3) to (5). Pub. L. 94–280, § 204, added par. (3) provisions respecting incentive safety grants, struck out prior par. (3) provisions limiting incentive awards authorized by this section to 25 per centum of each State’s apportionment as authorized by this chapter, and added pars. (4) and (5).

1973—Subsec. (a). Pub. L. 93–87, § 231(a), provided for promulgation of uniform standards so as to improve bicycle safety.

Subsec. (b)(1)(E)(6). Pub. L. 93–87, § 231(b), added item (6) of subpar. (E).

Subsec. (b)(1)(F). Pub. L. 93–87, § 228, added subpar. (F).

Subsec. (c). Pub. L. 93–87, §§ 215–217, provided for use of funds for development and implementation of manpower training programs, and of demonstration programs that the Secretary determines will contribute directly to the reduction of accidents, and deaths and injuries resulting therefrom and inserted “Such funds” before “shall be subject to a deduction”; provided for the determination of public road mileage as of the end of the calendar year preceding the year in which the funds are apportioned and shall be certified to by the Governor of the State and subject to approval by the Secretary; and increased the annual apportionment to each State from “one-third of 1 per centum” to “one-half of 1 per centum” of the total apportionment, respectively.

Subsec. (d). Pub. L. 93–87, § 207(b), inserted at end of first sentence provision that in the case of a local highway safety program carried out by an Indian tribe, if the Secretary is satisfied that an Indian tribe does not have sufficient funds available to meet the non-Federal share of the cost of such program, he may increase the Federal share of the cost thereof payable under this Act to the extent necessary.

Subsec. (h). Pub. L. 93–87, § 229, substituted provisions for continuation of uniform safety standards promulgated under this section on or before July 1, 1973, unless otherwise specifically provided by law enacted after Aug. 13, 1973, and prohibiting the Secretary from promulgating any other uniform safety standard under this section (including by revision of a standard continued in effect by the preceding sentence) unless otherwise specifically provided by law enacted after Aug. 13, 1973, for former prohibition against promulgation of any other uniform safety standard unless at least 90 days prior to the effective date of such standard the Secretary shall have submitted such standard to Congress, except in the case of State safety program elements with respect to which uniform standards have been promulgated by the Secretary before Dec. 31, 1970.

Subsec. (i). Pub. L. 93–87, § 207(a), added subsec. (i).

Subsec. (j). Pub. L. 93–87, § 219, added subsec. (j).

1970—Subsec. (b)(1)(A). Pub. L. 91–605, § 203(A), required the Governor of a State be responsible for the administration of the State highway safety program through a State agency suitably organized and possessed of adequate powers to carry out such programs to the satisfaction of the Secretary.

Subsec. (c). Pub. L. 91–605, § 202(c), provided a formula for apportionments to States, after June 30, 1969, to carry out this section, whereby 75% of the appropriation is based on the ratio which the population of each State bears to the total population of all the States and 25% of the appropriation is based on the ratio which the public road mileage in each State bears to the total public road mileage in all States, defined “public road”, provided the annual apportionment to each State not to be less than one-third of 1% of the total apportionment, struck out provisions authorizing appropriations after June 30, 1969 to be apportioned as Congress shall provide and struck out provisions mandating the Secretary to report to Congress his recommendations for a nondiscretionary formula of apportionment for the fiscal year ending June 30, 1970, and the fiscal years thereafter.

Subsec. (d). Pub. L. 91–605, § 202(d), provided that the aggregate of all expenditures made during any fiscal year by a State and its political subdivisions for carrying out the State highway safety program be available for crediting such State for the non-Federal share of the cost of any project under this section without regard to whether such expenditures were actually made in connection with such project.

Subsec. (h). Pub. L. 91–605, § 202(e), added subsec. (h).

1968—Subsec. (c). Pub. L. 90–495 substituted “December 31, 1969” for “December 31, 1968” as the last day on which the Secretary may apportion funds to States which are not implementing highway safety programs approved by the Secretary and substituted “January 1, 1970” for “January 1, 1969” as the date after which funds apportioned to States not having approved safety programs shall be reduced until a safety program is implemented.

Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that:

Except as otherwise provided, amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Amendment by section 4002 of Pub. L. 114–94 effective Oct. 1, 2016, see section 4015 of Pub. L. 114–94, set out as a note under section 164 of this title.

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Amendment by sections 101(s)(2) and 303(c)(1) of Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of this title.

Pub. L. 110–244, title III, § 303(a), June 6, 2008, 122 Stat. 1619, provided that the amendment made by section 303(a) is effective Oct. 1, 2007.

Pub. L. 109–59, title II, § 2022, Aug. 10, 2005, 119 Stat. 1544, provided that:

Pub. L. 102–240, title II, § 2008, Dec. 18, 1991, 105 Stat. 2080, provided that:

Amendment by section 3(a) of Pub. L. 98–363 applicable to fiscal years beginning after July 17, 1984, see section 3(c) of Pub. L. 98–363, set out as a note under section 401 of this title.

Pub. L. 97–35, title XI, § 1107(c), Aug. 13, 1981, 95 Stat. 626, provided that the amendment made by that section is effective Oct. 1, 1982.

Pub. L. 95–599, title II, § 207(b)(2), Nov. 6, 1978, 92 Stat. 2731, provided that:

Pub. L. 91–605, title II, § 203(b), Dec. 31, 1970, 84 Stat. 1741, provided that:

Amendment by Pub. L. 90–495 effective Aug. 23, 1968, see section 37 of Pub. L. 90–495, set out as a note under section 101 of this title.

Pub. L. 117–58, div. B, title IV, § 24110(b), Nov. 15, 2021, 135 Stat. 810, provided that:

Pub. L. 117–58, div. B, title IV, § 24112, Nov. 15, 2021, 135 Stat. 815, provided that:

Pub. L. 117–58, div. B, title IV, § 24113(b), Nov. 15, 2021, 135 Stat. 818, provided that:

Pub. L. 114–94, div. A, title IV, § 4009, Dec. 4, 2015, 129 Stat. 1511, provided that:

Pub. L. 114–94, div. A, title IV, § 4001(d)–(f), Dec. 4, 2015, 129 Stat. 1498, provided that:

Similar provisions were contained in the following prior acts:

Pub. L. 112–141, div. C, title I, § 31101(d)–(f), July 6, 2012, 126 Stat. 733.

Pub. L. 109–59, title I, § 1404, Aug. 10, 2005, 119 Stat. 1228, as amended by Pub. L. 110–244, § 101(s)(2), June 6, 2008, 122 Stat. 1577, which required the Secretary of Transportation to establish and carry out a safe routes to school program for the benefit of children in primary and middle schools and apportioned funds to carry out such program to States, was repealed by Pub. L. 117–58, div. A, title I, § 11119(b)(2), Nov. 15, 2021, 135 Stat. 497, effective Oct. 1, 2021. See section 208 of this title.

Pub. L. 109–59, title I, § 1411, Aug. 10, 2005, 119 Stat. 1234, provided that:

Pub. L. 109–59, title I, § 1906, Aug. 10, 2005, 119 Stat. 1468, as amended by Pub. L. 114–94, div. A, title IV, § 4011, Dec. 4, 2015, 129 Stat. 1512; Pub. L. 117–58, div. B, title V, § 25024, Nov. 15, 2021, 135 Stat. 879, provided that:

Pub. L. 109–59, title II, § 2009, Aug. 10, 2005, 119 Stat. 1535, as amended by Pub. L. 111–147, title IV, § 421(h)(1), Mar. 18, 2010, 124 Stat. 85; Pub. L. 112–30, title I, § 121(h)(1), Sept. 16, 2011, 125 Stat. 347; Pub. L. 112–141, div. C, title I, § 31106, July 6, 2012, 126 Stat. 755; Pub. L. 113–159, title I, § 1101(a)(5)(B), Aug. 8, 2014, 128 Stat. 1843; Pub. L. 114–21, title I, § 1101(a)(5)(B), May 29, 2015, 129 Stat. 221; Pub. L. 114–41, title I, § 1101(a)(5)(B), July 31, 2015, 129 Stat. 447; Pub. L. 114–73, title I, § 1101(a)(5)(B), Oct. 29, 2015, 129 Stat. 571; Pub. L. 114–87, title I, § 1101(a)(5)(B), Nov. 20, 2015, 129 Stat. 680, provided that:

Pub. L. 109–59, title II, § 2010, Aug. 10, 2005, 119 Stat. 1535, as amended by Pub. L. 111–147, title IV, § 421(i)(1), Mar. 18, 2010, 124 Stat. 85; Pub. L. 112–30, title I, § 121(i)(1), Sept. 16, 2011, 125 Stat. 347, related to grants to States adopting programs for motorcyclist safety, prior to repeal by Pub. L. 112–141, div. C, title I, § 31109(g), July 6, 2012, 126 Stat. 757.

Pub. L. 109–59, title II, § 2014, Aug. 10, 2005, 119 Stat. 1540, provided for a Federal program to promote compliance with State and local laws regarding first responder vehicle safety, prior to repeal by Pub. L. 112–141, div. C, title I, § 31109(j), July 6, 2012, 126 Stat. 757.

Pub. L. 109–59, title II, § 2017(b), Aug. 10, 2005, 119 Stat. 1542, as amended by Pub. L. 111–147, title IV, § 421(n)(2), Mar. 18, 2010, 124 Stat. 86; Pub. L. 112–30, title I, § 121(n)(2), Sept. 16, 2011, 125 Stat. 348, related to law enforcement training and police chase techniques, prior to repeal by Pub. L. 112–141, div. C, title I, § 31109(l), July 6, 2012, 126 Stat. 757, effective Oct. 1, 2012.

Pub. L. 105–178, title I, § 1202(e), June 9, 1998, 112 Stat. 170, provided that:

Pub. L. 105–178, title I, § 1212(i), formerly § 1212(o), June 9, 1998, 112 Stat. 196; renumbered § 1212(i), Pub. L. 105–206, title IX, § 9003(e)(5), July 22, 1998, 112 Stat. 840, and amended by Pub. L. 108–88, § 5(a)(8), Sept. 30, 2003, 117 Stat. 1114; Pub. L. 108–202, § 5(a)(8), Feb. 29, 2004, 118 Stat. 481; Pub. L. 108–224, § 4(a)(8), Apr. 30, 2004, 118 Stat. 629; Pub. L. 108–263, § 4(a)(8), June 30, 2004, 118 Stat. 700; Pub. L. 108–280, § 4(a)(8), July 30, 2004, 118 Stat. 879; Pub. L. 108–310, § 5(a)(8), Sept. 30, 2004, 118 Stat. 1149; Pub. L. 109–14, § 4(a)(8), May 31, 2005, 119 Stat. 326; Pub. L. 109–20, § 4(a)(8), July 1, 2005, 119 Stat. 348; Pub. L. 109–35, § 4(a)(8), July 20, 2005, 119 Stat. 381; Pub. L. 109–37, § 4(a)(8), July 22, 2005, 119 Stat. 396; Pub. L. 109–40, § 4(a)(8), July 28, 2005, 119 Stat. 412; Pub. L. 109–59, title I, § 1111(b)(4), Aug. 10, 2005, 119 Stat. 1171, provided that:

Pub. L. 105–178, title II, § 2001(f), June 9, 1998, 112 Stat. 325, provided that:

Pub. L. 102–240, title I, § 1088, Dec. 18, 1991, 105 Stat. 2022, directed Secretary to conduct a study on progress being made by States in adopting and implementing uniform system for handicapped parking established in regulations issued pursuant to Pub. L. 100–641 (102 Stat. 3335), set out below, and, not later than 2 years after Dec. 18, 1991, submit to Congress the results of the study.

Pub. L. 102–240, title II, § 2009(b), Dec. 18, 1991, 105 Stat. 2080, provided that:

Pub. L. 100–641, § 3, Nov. 9, 1988, 102 Stat. 3335, provided that:

Pub. L. 100–17, title I, § 161, Apr. 2, 1987, 101 Stat. 212, provided that:

[For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under section 161(c)(3) of Pub. L. 100–17, set out above, is listed on page 133), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.]

Pub. L. 100–17, title II, § 204, Apr. 2, 1987, 101 Stat. 219, provided that:

Pub. L. 98–78, title III, § 321, Aug. 15, 1983, 97 Stat. 473, provided that:

Pub. L. 95–599, title II, § 210, Nov. 6, 1978, 92 Stat. 2733, provided that the Secretary of Transportation make a full and complete study of the effects of the provision contained in the eighth sentence of subsec. (c) of this section and that the Secretary report the results of such study to Congress not later than one year after Nov. 6, 1978.

Pub. L. 95–599, title II, § 214, Nov. 6, 1978, 92 Stat. 2734, provided that the Secretary of Transportation undertake to enter into arrangements with the National Academy of Sciences to conduct a study and investigation of methods of encouraging the use of safety belts by drivers of, and passengers in, motor vehicles and that the National Academy of Sciences report to the Secretary and the Congress not later than one year after Nov. 6, 1978, on the results of such study.

Pub. L. 94–280, title II, § 208(b), May 5, 1976, 90 Stat. 454, provided that the Secretary of Transportation would, in cooperation with the States, conduct an evaluation of the adequacy and appropriateness of all uniform safety standards established under this section in effect on May 5, 1976, and report the findings, together with recommendations, to Congress on or before July 1, 1977.

Pub. L. 89–564, title II, § 203, Sept. 9, 1966, 80 Stat. 736, required the Secretary of Commerce to report to Congress by July 1, 1967, all standards to be initially applied in carrying out section 402 of this title.

Pub. L. 89–564, title I, § 104, Sept. 9, 1966, 80 Stat. 735, authorized the appropriation of $67,000,000, $100,000,000, and $100,000,000 for the fiscal years ending June 30, 1967, 1968, and 1969, respectively, to carry out this section.

Pub. L. 89–564, title II, § 204, Sept. 9, 1966, 80 Stat. 736, as amended by Pub. L. 97–449, § 2(a), Jan. 12, 1983, 96 Stat. 2439, directed the Secretary to make a thorough and complete study of the relationship between the consumption of alcohol and its effect upon highway safety and drivers of motor vehicles, in consultation with such other government and private agencies as may be necessary. Such study shall cover review and evaluation of State and local laws and enforcement methods and procedures relating to driving under the influence of alcohol, State and local programs for the treatment of alcoholism, and such other aspects of this overall problem as may be useful. The results of this study were required to be reported to the Congress by the Secretary on or before July 1, 1967, with recommendations for legislation if warranted.

Ex. Ord. No. 13043, Apr. 16, 1997, 62 F.R. 19217, as amended by Ex. Ord. No. 13652, § 5, Sept. 30, 2013, 78 F.R. 61818, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Highway Safety Act of 1966, 23 U.S.C. 402 and 403, as amended, section 7902(c) of title 5, United States Code, and section 19 of the Occupational Safety and Health Act of 1970, 29 U.S.C. 668, as amended, and in order to require that Federal employees use seat belts while on official business; to require that motor vehicle occupants use seat belts in national park areas and on Department of Defense (“Defense”) installations; to encourage Tribal Governments to adopt and enforce seat belt policies and programs for occupants of motor vehicles traveling on highways in Indian Country; and to encourage Federal contractors, subcontractors, and grantees to adopt and enforce on-the-job seat belt use policies and programs, it is hereby ordered as follows:

Section 1. Policies. (a) Seat Belt Use by Federal Employees. Each Federal employee occupying any seating position of a motor vehicle on official business, whose seat is equipped with a seat belt, shall have the seat belt properly fastened at all times when the vehicle is in motion.

(b) Seat Belt Use in National Parks and on Defense Installations. Each operator and passenger occupying any seating position of a motor vehicle in a national park area or on a Defense installation, whose seat is equipped with a seat belt or child restraint system, shall have the seat belt or child restraint system properly fastened, as required by law, at all times when the vehicle is in motion.

(c) Seat Belt Use by Government Contractors, Subcontractors and Grantees. Each Federal agency, in contracts, subcontracts, and grants entered into after the date of this order, shall seek to encourage contractors, subcontractors, and grantees to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles.

(d) Tribal Governments. Tribal Governments are encouraged to adopt and enforce seat belt policies and programs for occupants of motor vehicles traveling on highways in Indian Country that are subject to their jurisdiction.

Sec. 2. Scope of Order. All agencies of the executive branch are directed to promulgate rules and take other appropriate measures within their existing programs to further the policies of this order. This includes, but is not limited to, conducting education, awareness, and other appropriate programs for Federal employees about the importance of wearing seat belts and the consequences of not wearing them. It also includes encouraging Federal contractors, subcontractors, and grantees to conduct such programs. In addition, the National Park Service and the Department of Defense are directed to initiate rulemaking to consider regulatory changes with respect to enhanced seat belt use requirements and standard (primary) enforcement of such requirements in national park areas and on Defense installations, consistent with the policies outlined in this order, and to widely publicize and actively enforce such regulations. The term “agency” as used in this order means an Executive department, as defined in 5 U.S.C. 101, or any employing unit or authority of the Federal Government, other than those of the legislative and judicial branches.

Sec. 3. Coordination. The Secretary of Transportation shall provide leadership and guidance to the heads of executive branch agencies to assist them with the employee seat belt programs established pursuant to this order. The Secretary of Transportation shall also cooperate and consult with the legislative and judicial branches of the Government to encourage and help them to adopt seat belt use programs.

Sec. 4. Other Powers and Duties. Nothing in this order shall be construed to impair or alter the powers and duties of the heads of the various Federal agencies pursuant to the Highway Safety Act of 1966, 23 U.S.C. 402 and 403, as amended, section 19 of the Occupational Safety and Health Act of 1970, 29 U.S.C. 668, as amended, or sections 7901, 7902, and 7903 of title 5, United States Code, nor shall it be construed to affect any right, duty, or procedure under the National Labor Relations Act, 29 U.S.C. 151 et seq.

Sec. 5. General Provisions. (a) Executive Order 12566 of September 26, 1986, is revoked. To the extent that this order is inconsistent with any provisions of any prior Executive order, this order shall control.

(b) If any provision of this order or application of any such provision is held to be invalid, the remainder of this order and other applications of such provision shall not be affected.

(c) Nothing in this order shall be construed to create a new cause of action against the United States, or to alter in any way the United States liability under the Federal Tort Claims Act, 28 U.S.C. 2671-2680.

(d) The Secretary of Defense shall implement the provisions of this order insofar as practicable for vehicles of the Department of Defense.

(e) The Secretary of the Treasury and the Attorney General, consistent with their protective and law enforcement responsibilities, shall determine the extent to which the requirements of this order apply to the protective and law enforcement activities of their respective agencies.

Ex. Ord. No. 13513, Oct. 1, 2009, 74 F.R. 51225, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 7902(c) of title 5, United States Code, and the Federal Property and Administrative Services Act of 1949, as amended, 40 U.S.C. 101 et seq. [see Short Title of 1949 Act note set out under section 101 of Title 41, Public Contracts], and in order to demonstrate Federal leadership in improving safety on our roads and highways and to enhance the efficiency of Federal contracting, it is hereby ordered as follows:

Section 1. Policy. With nearly 3 million civilian employees, the Federal Government can and should demonstrate leadership in reducing the dangers of text messaging while driving. Recent deadly crashes involving drivers distracted by text messaging while behind the wheel highlight a growing danger on our roads. Text messaging causes drivers to take their eyes off the road and at least one hand off the steering wheel, endangering both themselves and others. Every day, Federal employees drive Government-owned, Government-leased, or Government-rented vehicles (collectively, GOV) or privately-owned vehicles (POV) on official Government business, and some Federal employees use Government-supplied electronic devices to text or e-mail while driving. A Federal Government-wide prohibition on the use of text messaging while driving on official business or while using Government-supplied equipment will help save lives, reduce injuries, and set an example for State and local governments, private employers, and individual drivers. Extending this policy to cover Federal contractors is designed to promote economy and efficiency in Federal procurement. Federal contractors and contractor employees who refrain from the unsafe practice of text messaging while driving in connection with Government business are less likely to experience disruptions to their operations that would adversely impact Federal procurement.

Sec. 2. Text Messaging While Driving by Federal Employees. Federal employees shall not engage in text messaging (a) when driving GOV, or when driving POV while on official Government business, or (b) when using electronic equipment supplied by the Government while driving.

Sec. 3. Scope of Order. (a) All agencies of the executive branch are directed to take appropriate action within the scope of their existing programs to further the policies of this order and to implement section 2 of this order. This includes, but is not limited to, considering new rules and programs, and reevaluating existing programs to prohibit text messaging while driving, and conducting education, awareness, and other outreach for Federal employees about the safety risks associated with texting while driving. These initiatives should encourage voluntary compliance with the agency’s text messaging policy while off duty.

(b) Within 90 days of the date of this order, each agency is directed, consistent with all applicable laws and regulations: (i) to take appropriate measures to implement this order, (ii) to adopt measures to ensure compliance with section 2 of this order, including through appropriate disciplinary actions, and (iii) to notify the Secretary of Transportation of the measures it undertakes hereunder.

(c) Agency heads may exempt from the requirements of this order, in whole or in part, certain employees, devices, or vehicles in their respective agencies that are engaged in or used for protective, law enforcement, or national security responsibilities or on the basis of other emergency conditions.

Sec. 4. Text Messaging While Driving by Government Contractors, Subcontractors, and Recipients and Subrecipients. Each Federal agency, in procurement contracts, grants, and cooperative agreements, and other grants to the extent authorized by applicable statutory authority, entered into after the date of this order, shall encourage contractors, subcontractors, and recipients and subrecipients to adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or GOV, or while driving POV when on official Government business or when performing any work for or on behalf of the Government. Agencies should also encourage Federal contractors, subcontractors, and grant recipients and subrecipients as described in this section to conduct initiatives of the type described in section 3(a) of this order.

Sec. 5. Coordination. The Secretary of Transportation, in consultation with the Administrator of General Services and the Director of the Office of Personnel Management, shall provide leadership and guidance to the heads of executive branch agencies to assist them with any action pursuant to this order.

Sec. 6. Definitions.

(a) The term “agency” as used in this order means an executive agency, as defined in 5 U.S.C. 105, except for the Government Accountability Office.

(b) “Texting” or “Text Messaging” means reading from or entering data into any handheld or other electronic device, including for the purpose of SMS texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication.

(c) “Driving” means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise. It does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.

Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect or alter:

(i) Authority granted by law or Executive Order to an agency, or the head thereof;

(ii) Powers and duties of the heads of the various departments and agencies pursuant to the Highway Safety Act of 1966, as amended, 23 U.S.C. 402 and 403, section 19 of the Occupational Safety and Health Act of 1970, as amended, 29 U.S.C. 668, sections 7901 and 7902 of title 5, United States Code, or the Federal Property and Administrative Services Act of 1949, as amended, 40 U.S.C. 101 et seq.;

(iii) Rights, duties, or procedures under the National Labor Relations Act, 29 U.S.C. 151 et seq.; or

(iv) Functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.