§ 401. — Authority of the Secretary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC401]
TITLE 23--HIGHWAYS
CHAPTER 4--HIGHWAY SAFETY
Sec. 401. Authority of the Secretary
The Secretary is authorized and directed to assist and cooperate
with other Federal departments and agencies, State and local
governments, private industry, and other interested parties, to increase
highway safety. For the purposes of this chapter, the term ``State''
means any one of the fifty States, the District of Columbia, Puerto
Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
(Added Pub. L. 89-564, title I, Sec. 101, Sept. 9, 1966, 80 Stat. 731;
amended Pub. L. 93-87, title II, Sec. 218, Aug. 13, 1973, 87 Stat. 290;
Pub. L. 98-363, Sec. 3(b), July 17, 1984, 98 Stat. 436; Pub. L. 100-17,
title I, Sec. 133(b)(19), Apr. 2, 1987, 101 Stat. 172.)
Amendments
1987--Pub. L. 100-17 inserted reference in second sentence to
Commonwealth of the Northern Mariana Islands.
1984--Pub. L. 98-363 struck out ``, except that all expenditures for
carrying out this chapter in the Virgin Islands, Guam, and American
Samoa shall be paid out of money in the Treasury not otherwise
appropriated'' after ``and American Samoa''.
1973--Pub. L. 93-87 inserted definition of ``State'' and provided
that all expenditures for carrying out this chapter in the Virgin
Islands, Guam, and American Samoa shall be paid out of money in the
Treasury not otherwise appropriated.
Effective Date of 1984 Amendment
Section 3(c) of Pub. L. 98-363 provided that: ``The amendments made
by subsections (a) and (b) [amending this section and section 402 of
this title] shall apply to fiscal years beginning after the date of
enactment of this Act [July 17, 1984].''
Short Title of 1991 Amendment
Pub. L. 102-240, title II, Sec. 2001, Dec. 18, 1991, 105 Stat. 2070,
provided that: ``This part [part A (Secs. 2001-2009) of title II of Pub.
L. 102-240, amending sections 402, 403, and 410 of this title, enacting
provisions set out as notes under sections 402, 403, and 410 of this
title, and amending provisions set out below] may be cited as the
`Highway Safety Act of 1991'.''
Short Title of 1988 Amendment
Pub. L. 100-690, title IX, Sec. 9001, Nov. 18, 1988, 102 Stat. 4521,
provided that: ``This subtitle [subtitle A (Secs. 9001 to 9005) of title
IX of Pub. L. 100-690, enacting section 410 of this title and provisions
set out as notes under sections 403 and 410 of this title] may be cited
as the `Drunk Driving Prevention Act of 1988'.''
Short Title of 1987 Amendment
Section 201 of title II of Pub. L. 100-17 provided that: ``This
title [amending sections 402 and 408 of this title and section 2314 of
former Title 49, Transportation, enacting provisions set out as notes
under this section, section 402 of this title, and section 2204 of
former Title 49, and amending provisions set out as a note under this
section] be cited as the `Highway Safety Act of 1987'.''
Short Title of 1983 Amendment
Pub. L. 97-424, title II, Sec. 201, Jan. 6, 1983, 96 Stat. 2137,
provided that: ``This title [amending section 402 of this title and
enacting provisions set out as notes under this section and sections
130, 154, and 408 of this title] may be cited as the `Highway Safety Act
of 1982'.''
Short Title of 1978 Amendment
Pub. L. 95-599, title II, Sec. 201, Nov. 6, 1978, 92 Stat. 2727,
provided that: ``This title [enacting section 407 of this title,
amending sections 154 and 402 of this title, and enacting provisions set
out as notes under this section and sections 130, 307, 402, and 403 of
this title] may be cited as the `Highway Safety Act of 1978'.''
Short Title of 1976 Amendment
Pub. L. 94-280, title II, Sec. 201, May 5, 1976, 90 Stat. 451,
provided that: ``That title [amending sections 104, 151, 402, 404, and
406 of this title and provisions set out as a note under section 130 of
this title and enacting provisions set out as notes under sections 127
and 402 of this title] may be cited as the `Highway Safety Act of
1976'.''
Short Title of 1973 Amendment
Section 201 of title II of Pub. L. 93-87 provided that: ``This title
[enacting sections 151 to 153 and 405 of this title, amending this
section and sections 104 and 402 to 404 of this title, and enacting
provisions set out as notes under this section and sections 130, 144,
151, 217, and 403 of this title] may be cited as the `Highway Safety Act
of 1973'.''
Short Title of 1970 Amendment
Pub. L. 91-605, title II, Sec. 201, Dec. 31, 1970, 84 Stat. 1739,
provided that: ``This title [enacting sections 144 and 322 of this
title, amending provisions set out as notes under this section and
section 402 of this title, and enacting provisions set out as notes
under this section and section 402 of this title] may be cited as the
`Highway Safety Act of 1970'.''
Short Title
Section 208 of Pub. L. 89-564 provided that: ``This Act [enacting
this chapter, amending sections 105 and 307 of this title, repealing
sections 135 and 313 of this title, and enacting provisions set out as
notes under this section and sections 303, 307, 402, and 403 of this
title] may be cited as the `Highway Safety Act of 1966'.''
Use of Uniformed Police Officers on Federal-Aid Highway Construction
Projects
Pub. L. 105-178, title I, Sec. 1213(c), June 9, 1998, 112 Stat. 200,
provided that:
``(1) Study.--In consultation with the States, State transportation
departments, and law enforcement organizations, the Secretary shall
conduct a study on the extent and effectiveness of use by States of
uniformed police officers on Federal-aid highway construction projects.
``(2) Report.--Not later than 2 years after the date of enactment of
this Act [June 9, 1998], the Secretary shall submit to Congress a report
on the results of the study, including any legislative and
administrative recommendations of the Secretary.''
Radio and Microwave Technology for Motor Vehicle Safety Warning System
Pub. L. 104-59, title III, Sec. 358(c), Nov. 28, 1995, 109 Stat.
625, provided that:
``(1) Study.--The Secretary, in consultation with the Federal
Communications Commission and the National Telecommunications and
Information Administration, shall conduct a study to develop and
evaluate radio and microwave technology for a motor vehicle safety
warning system in furtherance of safety in all types of motor vehicles.
``(2) Equipment.--Equipment developed under the study shall be
directed toward, but not limited to, advance warning to operators of all
types of motor vehicles of--
``(A) temporary obstructions in a highway;
``(B) poor visibility and highway surface conditions caused by
adverse weather; and
``(C) movement of emergency vehicles.
``(3) Safety applications.--In conducting the study, the Secretary
shall determine whether the technology described in this subsection has
other appropriate safety applications.''
Work Zone Safety Program
Pub. L. 104-59, title III, Sec. 358(b), Nov. 28, 1995, 109 Stat.
625, provided that: ``In carrying out the work zone safety program under
section 1051 of the Intermodal Surface Transportation Efficiency Act of
1991 [Pub. L. 102-240] (23 U.S.C. 401 note; 105 Stat. 2001), the
Secretary shall utilize a variety of methods to increase safety at
highway construction sites, including each of the following:
``(1) Conducting conferences to explore new techniques and
stimulate dialogue for improving work zone safety.
``(2) Establishing a national clearinghouse to assemble and
disseminate, by electronic and other means, information relating to
the improvement of work zone safety.
``(3) Conducting a national promotional campaign in cooperation
with the States to provide timely, site-specific information to
motorists when construction workers are actually present.
``(4) Encouraging the use of enforceable speed limits in work
zones.
``(5) Developing training programs for work site designers and
construction workers to promote safe work zone practices.
``(6) Encouraging the use of unit price bid items in contracts
for traffic control devices and implementation of traffic control
plans.''
Pub. L. 102-240, title I, Sec. 1051, Dec. 18, 1991, 105 Stat. 2001,
provided that: ``The Secretary shall develop and implement a work zone
safety program which will improve work zone safety at highway
construction sites by enhancing the quality and effectiveness of traffic
control devices, safety appurtenances, traffic control plans, and
bidding practices for traffic control devices and services.''
Older Drivers and Other Special Driver Groups
Pub. L. 104-59, title III, Sec. 358(a), Nov. 28, 1995, 109 Stat.
625, provided that:
``(1) Study.--The Secretary shall conduct a study of technologies
and practices to improve the driving performance of older drivers and
other special driver groups.
``(2) Demonstration activities.--In conducting the study under
paragraph (1), the Secretary shall undertake demonstration activities
that incorporate and build upon gerontology research related to the
study of the normal aging process. The Secretary shall initially
implement such activities in those States that have the highest
population of aging citizens for whom driving a motor vehicle is their
primary mobility mode.
``(3) Cooperative agreement.--The Secretary shall conduct the study
under paragraph (1) by entering into a cooperative agreement with an
institution that has demonstrated competencies in gerontological
research, population demographics, human factors related to
transportation, and advanced technology applied to transportation.''
Section 208 of Pub. L. 100-17, as amended by Pub. L. 100-202,
Sec. 101(l) [title III, Sec. 348(h)], Dec. 22, 1987, 101 Stat. 1329-358,
1329-389, directed Secretary to enter into appropriate arrangements with
National Academy of Sciences to conduct a comprehensive study and
investigation of (1) problems which could inhibit the safety and
mobility of older drivers using the Nation's roads, and (2) means of
addressing these problems, to request the Academy to report to Secretary
and Congress not later than 24 months after Apr. 2, 1987, on the results
of such study and investigation, to furnish to the Academy any
information which it deems necessary for conducting the investigation
and study, and to develop, in conjunction with the study, a pilot
program of highway safety improvements to enhance the safety and
mobility of older drivers and, not later than 3 years after Apr. 2,
1987, to evaluate the pilot program and report to Congress on the
effectiveness of the program in improving the safety and mobility of
older drivers.
Annual Report by Secretary of Transportation on Highway Safety
Performance of Each State
Pub. L. 97-424, title II, Sec. 207, Jan. 6, 1983, 96 Stat. 2139,
provided that: ``The Secretary of Transportation shall prepare, publish,
and submit to Congress not later than December 31 of each calendar year
beginning after December 31, 1982, a report on the highway safety
performance of each State in the preceding calendar year. Such report
shall provide data on highway fatalities and injuries and motor vehicle
accidents involving fatalities and injuries and travel in urban areas of
each State for each system of highways and in rural areas of such State
for each system of highways. Such report shall be in such form and
contain such other information on highway accidents as will permit an
evaluation and comparison of highway safety performance of the States.
For purposes of this section (1) the systems of highways in a State are
the Federal-aid primary system, the Federal-aid secondary system, the
Federal-aid urban system, and the Interstate System (as such terms are
defined in section 101 of title 23, United States Code) and the other
highways in such State which are not on the Federal-aid system, and (2)
the terms `State', `rural areas', and `urban area' have the meaning such
terms have under section 101.''
[For termination, effective May 15, 2000, of provisions relating to
submittal of report to Congress in section 207 of Pub. L. 97-424, set
out above, see section 3003 of Pub. L. 104-66, as amended, set out as a
note under section 1113 of Title 31, Money and Finance, and page 136 of
House Document No. 103-7.]
National Driver Registration
Pub. L. 97-364, title II, Secs. 201-211, Oct. 25, 1982, 96 Stat.
1740-1748, as amended by Pub. L. 100-223, title III, Sec. 305, Dec. 30,
1987, 101 Stat. 1525; Pub. L. 100-342, Sec. 4(b), June 22, 1988, 102
Stat. 626; Pub. L. 101-380, title IV, Sec. 4105(a), Aug. 18, 1990, 104
Stat. 512; Pub. L. 102-240, title II, Sec. 2007, Dec. 18, 1991, 105
Stat. 2080, directed Secretary of Transportation to establish and
maintain a National Driver Register to assist States in exchange of
information on motor vehicle driving records of individuals and provided
for reports by State officials, accessibility of Register information, a
pilot test program, criminal penalties, an advisory committee, and a
report to Congress by the Secretary, prior to repeal by Pub. L. 103-272,
Sec. 7(b), July 5, 1994, 108 Stat. 1379, and Pub. L. 103-429,
Sec. 8(10), Oct. 31, 1994, 108 Stat. 4390, and was restated in part in
chapter 303 of Title 49, Transportation.
Pilot Projects for Highway Safety Education and Information
Pub. L. 95-599, title II, Sec. 209, Nov. 6, 1978, 92 Stat. 2732, as
amended by Pub. L. 97-424, title II, Sec. 206, Jan. 6, 1983, 96 Stat.
2139; Pub. L. 100-17, title II, Sec. 207, Apr. 2, 1987, 101 Stat. 221,
provided that:
``(a) The Secretary of Transportation shall carry out six pilot
projects designed, through the use of television and radio, to develop
and evaluate techniques, methods, and practices to achieve maximum
measurable effectiveness in reducing traffic accidents, injuries, and
deaths.
``(b) Each pilot project authorized by this section shall be in
operation not later than the one hundred and eightieth day after the
date of the first appropriation of funds made under authority of this
section, and shall be conducted for a one-year period. Not later than
the ninetieth day after the end of each such one-year period, the
Secretary of Transportation shall report to Congress the results of such
project, including, but not limited to, an evaluation of the
effectiveness of such project and a statistical analysis of the traffic
accidents and fatalities within the project area during such one-year
period.
``(c) There is authorized to be appropriated, out of the Highway
Trust Fund, to carry out subsections (a) and (b) of this section,
$6,000,000, to remain available until expended.
``(d) National Highway Safety Campaign.--Utilizing those techniques,
methods, and practices determined most effective under subsection (b),
the Secretary of Transportation shall conduct a national highway safety
campaign utilizing the local and national television and radio to
educate and inform the public of techniques, methods, and practices to
reduce the number and severity of highway accidents. Not later than the
180th day after the date of submission of the first report to Congress
required by subsection (b) of this section, the Secretary shall commence
the conduct of such campaign.
``(e) Such campaign is authorized to be conducted in cooperation
with interested government and nongovernment authorities, agencies,
organizations, institutions, businesses, and individuals, and shall
utilize to the extent possible nongovernmental professional
organizations equipped and experienced to conduct such campaign.
``(f) The Secretary of Transportation shall engage such private
firms or organizations as he determines necessary to conduct an on-going
evaluation of the national campaign authorized by subsection (d) of this
section to determine ways and means for encouraging the participation
and cooperation of television and radio station licensees, for measuring
audience reactions to on-going highway safety programming for evaluating
the effectiveness of such programs in terms of the number of lives saved
and the reduction in injuries, and for the purpose of developing new
programs for the promotion of highway safety. Such evaluation shall
include determinations of those programs designed to encourage the
voluntary use of safety belts which are most effective and shall include
recommendations for new methods and approaches which will result in
greater voluntary utilization of safety belts by the public.
``(g) The Secretary of Transportation shall submit a report to the
Congress on July 1 of each year in which the campaign is in progress on
the results of such evaluation and on the steps being taken by the
Secretary of Transportation to implement the recommendations of such
evaluation.
``(h) For the purpose of carrying out subsections (d), (e), (f), and
(g) of this section, there is authorized to be appropriated out of the
Highway Trust Fund, $10,000,000, to remain available until expended.
None of the amounts authorized by this subsection shall be available for
obligation for any education or information program conducted in
connection with the implementation of Federal Motor Vehicle Safety
Standard 208 (49 C.F.R. 571.208).
``(i) All provisions of chapter 1 of title 23, United States Code,
that are applicable to Federal-aid primary highway funds, other than
provisions relating to the apportionment formula and provisions limiting
the expenditure of such funds to the Federal-aid systems, shall apply to
the funds authorized to be appropriated to carry out this section,
except as determined by the Secretary to be inconsistent with this
section and except that the funds authorized to be appropriated to carry
out this section shall not be subject to any obligation limitation.''
[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 209(g) of Pub. L. 95-599, set out above,
is listed on page 139), see section 3003 of Pub. L. 104-66, as amended,
set out as a note under section 1113 of Title 31, Money and Finance.]
Highway Safety Educational Programing and Study; Report to Congress;
Series of Highway Safety Television Programs; Appropriations
Authorizations
Section 211 of Pub. L. 93-87 directed Secretary of Transportation,
in cooperation with government and nongovernment authorities and
individuals, to conduct a full and complete investigation and study of
use of mass media for informing and educating the public of ways and
means for reducing number and severity of highway accidents, to report
to Congress his findings and recommendations by June 30, 1974, and to
develop, in consultation with State and local highway safety officials,
a series of highway safety television programs of varying lengths for
use in accordance with provisions of the Communication Act of 1934 (47
U.S.C. 151 et seq.).
Highway Safety Citizen Participation Study
Section 212 of Pub. L. 93-87 authorized the appropriation of
$1,000,000 for a study by the Secretary of Transportation, with
cooperation of State and local highway safety authorities, of ways and
means of encouraging greater citizen participation in highway safety
programs, the results of such study and recommendations to be reported
to Congress by June 30, 1974.
National Center for Statistical Analysis of Highway Operations
Section 213 of Pub. L. 93-87 authorized the appropriation of
$5,000,000 to make a study of the feasibility of establishing a National
Center for Statistical Analysis of Highway Operations designed to
acquire, store and retrieve accident data, the results of such study and
recommendations to be reported to Congress not later than Jan. 1, 1975.
Pedestrian and Bicycle Safety Study
Section 214 of Pub. L. 93-87 authorized the appropriation of
$5,000,000 for a study of pedestrian and bicycle safety, including a
review of local ordinances, the relationship between alcohol and
pedestrian and bicycle safety, etc., the results of such study and
recommendations to be reported to Congress not later than Jan. 31, 1975.
Highway Safety Needs Study
Section 225 of Pub. L. 93-87 mandated a study by the Secretary of
Transportation of highway safety needs of the States, including those of
Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin
Islands and other territories, in order to evaluate continuing safety
programs and furnish Congress with information necessary for
authorization of appropriations for continuing safety programs, the
results of such study, estimates and recommendations to be submitted to
Congress not later than Jan. 10, 1976.
National Highway Traffic Safety Administration; Creation; Appointment of
Administrator and Deputy Administrator; Duties; Retroactive Effect
Section 201 of Pub. L. 89-564, as amended by Pub. L. 89-670,
Sec. 8(h), Oct. 15, 1966, 80 Stat. 943; Pub. L. 90-83, Sec. 10(b), Sept.
11, 1967, 81 Stat. 224; Pub. L. 91-605, title II, Sec. 202(a), Dec. 31,
1970, 84 Stat. 1739, which provided for the creation of National Highway
Traffic Safety Administration in the Department of Transportation, was
repealed by Pub. L. 97-449, Sec. 7(b), Jan. 12, 1983, 96 Stat. 2444, and
reenacted by section 1(b) of Pub. L. 97-449 as section 105 of Title 49,
Transportation.
Acting Administrator of National Highway Traffic Safety Administration
Pub. L. 91-605, title II, Sec. 202(b), Dec. 31, 1970, 84 Stat. 1740,
permitted President to authorize any person who immediately before Dec.
31, 1970, held the office of Director of the National Highway Safety
Bureau, to act as Administrator of the National Highway Traffic Safety
Administration until the appointment of the first Administrator.
Annual Report to Congress on Administration of Highway Safety Act of
1966
Section 202 of Pub. L. 89-564, as amended by Pub. L. 93-87, title
II, Sec. 224, Aug. 13, 1973, 87 Stat. 292, provided that:
``(a) The Secretary shall prepare and submit to the President for
transmittal to the Congress on July 1 of each year a comprehensive
report on the administration of the Highway Safety Act of 1966
(including chapter 4 of title 23 of the United States Code) for the
preceding calendar year. Such report should include but not be
restricted to (1) a thorough statistical compilation of the accidents
and injuries occurring in such year; (2) a list of all safety standards
issued or in effect in such year; (3) the scope of observance of
applicable Federal standards; (4) a statement of enforcement actions
including judicial decisions, settlements, or pending litigation during
the year; (5) a summary of all current research grants and contracts
together with a description of the problems to be considered by such
grants and contracts; (6) an analysis and evaluation of completed
research activities and technological progress achieved during such year
together with the relevant policy recommendations flowing therefrom: (7)
the effectiveness of State highway safety program (including local
highway safety programs) and (8) the extent to which technical
information was being disseminated to the scientific community and
consumer-oriented material was made available to the motoring public.
``(b) The annual report shall also contain such recommendations for
additional legislation as the Secretary deems necessary to promote
cooperation among the several States in the improvement of highway
safety and to strengthen the national highway safety program.''
[For termination, effective May 15, 2000, of provisions relating to
transmittal of report to Congress in section 202 of Pub. L. 89-564, set
out above, see section 3003 of Pub. L. 104-66, as amended, set out as a
note under section 1113 of Title 31, Money and Finance, and page 135 of
House Document No. 103-7.]
Detailed Cost Estimate of Highway Safety Act of 1966
Section 207 of Pub. L. 89-564 directed Secretary, in cooperation
with the Governors of appropriate State highway safety agencies, make a
detailed estimate of the cost of carrying out the Highway Safety Act of
1966 in order to provide a basis for evaluating continuing programs
under the Act and to furnish Congress information necessary for
authorization of appropriations for fiscal years beginning after June
30, 1969, such estimates to be submitted to Congress not later than Jan.
10, 1968.
Interstate Compacts for Highway Safety
Pub. L. 85-684, Aug. 20, 1958, 72 Stat. 635, as amended by Pub. L.
88-466, Aug. 20 1964, 78 Stat. 564, provided: ``That the consent of
Congress is hereby given to any two or more of the several States, and
one or more of the several States and the District of Columbia, to enter
into agreements or compacts--
``(1) for cooperative effort and mutual assistance in the
establishment and carrying out of traffic safety programs,
including, but not limited to, the enactment of uniform traffic
laws, driver education and training, coordination of traffic law
enforcement, research into safe automobile and highway design, and
research programs of the human factors affecting traffic safety, and
``(2) for the establishment of such agencies, joint or
otherwise, as they deem desirable for the establishment and carrying
out of such traffic safety programs.''
Section Referred to in Other Sections
This section is referred to in sections 152, 153 of this title.
