§ 402. — Highway safety programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC402]
TITLE 23--HIGHWAYS
CHAPTER 4--HIGHWAY SAFETY
Sec. 402. Highway safety programs
(a) Each State shall have a highway safety program approved by the
Secretary, designed to reduce traffic accidents and deaths, injuries,
and property damage resulting therefrom. Such programs shall be in
accordance with uniform guidelines promulgated by the Secretary. Such
uniform guidelines shall be expressed in terms of performance criteria.
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 prevent
accidents and 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. 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 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. Such uniform guidelines shall be promulgated by the Secretary
so as to improve driver performance (including, but not limited to,
driver education, driver testing to determine proficiency to operate
motor vehicles, driver examinations (both physical and mental) and
driver licensing) and to improve pedestrian performance and bicycle
safety. In addition such uniform guidelines shall include, but not be
limited to, provisions for an effective record system of accidents
(including injuries and deaths resulting therefrom), accident
investigations to determine the probable causes of accidents, injuries,
and deaths, vehicle registration, operation, and inspection, highway
design and maintenance (including lighting, markings, and surface
treatment), traffic control, vehicle codes and laws, surveillance of
traffic for detection and correction of high or potentially high
accident locations, enforcement of light transmission standards of
window glazing for passenger motor vehicles and light trucks as
necessary to improve highway safety, and emergency services. Such
guidelines as are applicable to State highway safety programs shall, to
the extent determined appropriate by the Secretary, be applicable to
federally administered areas where a Federal department or agency
controls the highways or supervises traffic operations.
(b) Administration of State Programs.--
(1) Administrative requirements.--The Secretary may not approve
a 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 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;
(C) except as provided in paragraph (3), provide that at
least 40 percent of all Federal funds apportioned under this
section to the State for any fiscal year will be expended by the
political subdivisions of the State, including Indian tribal
governments, in carrying out local highway safety programs
authorized in accordance with subparagraph (B); and
(D) provide adequate and reasonable access for the safe and
convenient movement of individuals with disabilities, including
those in wheelchairs, across curbs constructed or replaced on or
after July 1, 1976, at all pedestrian crosswalks throughout the
State.
(2) Waiver.--The Secretary may waive the requirement of
paragraph (1)(C), in whole or in part, for a fiscal year for any
State whenever the Secretary determines that there is an
insufficient number of local highway safety programs to justify the
expenditure in the State of such percentage of Federal funds during
the fiscal year.
(3) Use of technology for traffic enforcement.--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.
(c) Funds authorized to be appropriated to carry out this section
shall be used to aid the States to conduct the highway safety programs
approved in accordance with subsection (a), including 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.
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. Such
funds shall be apportioned 75 per centum in the ratio which the
population of each State bears to the total population of all the
States, as shown by the latest available Federal census, and 25 per
centum in the ratio which the public road mileage in each State bears to
the total public road mileage in all States. For the purposes of this
subsection, a ``public road'' means any road under the jurisdiction of
and maintained by a public authority and open to public travel. Public
road mileage as used in this subsection shall be determined 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. The annual apportionment to each
State shall not be less than one-half of 1 per centum of the total
apportionment, except that the apportionment to the Secretary of the
Interior shall not be less than three-fourths of 1 percent of the total
apportionment and the apportionments to the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands
shall not be less than one-quarter of 1 per centum of the total
apportionment. The Secretary shall not apportion any funds under this
subsection to any State which is not implementing a highway safety
program approved by the Secretary in accordance with this section. For
the purpose of the seventh sentence of this subsection, a highway safety
program approved by the Secretary shall not include any requirement that
a State implement such a program by adopting or enforcing any law, rule,
or regulation based on a guideline promulgated by the Secretary under
this section requiring any motorcycle operator eighteen years of age or
older or passenger eighteen years of age or older to wear a safety
helmet when operating or riding a motorcycle on the streets and highways
of that State. Implementation of a highway safety program under this
section shall not be construed to require the Secretary to require
compliance with every uniform guideline, or with every element of every
uniform guideline, in every State. Funds apportioned under this section
to any State, that does not have a highway safety program approved by
the Secretary or that is not implementing an approved program, shall be
reduced by amounts equal to not less than 50 per centum of the amounts
that would otherwise be apportioned to the State under this section,
until such time as the Secretary approves such program or determines
that the State is implementing an approved program, as appropriate. The
Secretary shall consider the gravity of the State's failure to have or
implement an approved program in determining the amount of the
reduction. The Secretary shall promptly apportion to the State the funds
withheld from its apportionment if he approves the State's highway
safety program or determines that the State has begun implementing an
approved program, as appropriate, prior to the end of the fiscal year
for which the funds were withheld. If the Secretary determines that the
State did not correct its failure within such period, the Secretary
shall reapportion the withheld funds to the other States in accordance
with the formula specified in this subsection not later than 30 days
after such determination.
(d) All provisions of chapter 1 of this title that are applicable to
National Highway System 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 highway safety
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 aggregate of all expenditures made during any fiscal
year by a State and its political subdivisions (exclusive of Federal
funds) for carrying out the State highway safety program (other than
planning and administration) shall be available for the purpose of
crediting such State during such fiscal year for the non-Federal share
of the cost of any project under this section (other than one for
planning or administration) without regard to whether such expenditures
were actually made in connection with such project and except 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. In applying such
provisions of chapter 1 in carrying out this section the term ``State
transportation department'' as used in such provisions shall mean the
Governor of a State for the purposes of this section.
(e) Uniform guidelines promulgated by the Secretary to carry out
this section shall be developed in cooperation with the States, their
political subdivisions, appropriate Federal departments and agencies,
and such other public and private organizations as the Secretary deems
appropriate.
(f) The Secretary may make arrangements with other Federal
departments and agencies for assistance in the preparation of uniform
guidelines for the highway safety programs contemplated by subsection
(a) and in the administration of such programs. Such departments and
agencies are directed to cooperate in such preparation and
administration, on a reimbursable basis.
(g) 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.
[(h) Repealed. Pub. L. 97-35, title XI, Sec. 1107(c), Aug. 13, 1981,
95 Stat. 626.]
(i) Application in Indian Country.--
(1) Use of terms.--For the purpose of application of this
section in Indian country, the terms ``State'' and ``Governor of a
State'' include the Secretary of the Interior and the term
``political subdivision of a State'' includes an Indian tribe.
(2) Expenditures for local highway programs.--Notwithstanding
subsection (b)(1)(C), 95 percent of the funds apportioned to the
Secretary of the Interior under this section shall be expended by
Indian tribes to carry out highway safety programs within their
jurisdictions.
(3) Access for individuals with disabilities.--The requirements
of subsection (b)(1)(D) shall be applicable to Indian tribes, except
to those tribes with respect to which the Secretary determines that
application of such provisions would not be practicable.
(4) Indian country defined.--In this subsection, the term
``Indian country'' means--
(A) all land within the limits of any Indian reservation
under the jurisdiction of the United States, notwithstanding the
issuance of any patent and including rights-of-way running
through the reservation;
(B) all dependent Indian communities within the borders of
the United States, whether within the original or subsequently
acquired territory thereof and whether within or without the
limits of a State; and
(C) all Indian allotments, the Indian titles to which have
not been extinguished, including rights-of-way running through
such allotments.
(j) Rulemaking Proceeding.--The Secretary may periodically conduct a
rulemaking process to identify highway safety programs that are highly
effective in reducing motor vehicle crashes, injuries, and deaths. Any
such rulemaking shall take into account the major role of the States in
implementing such programs. When a rule promulgated in accordance with
this section takes effect, States shall consider these highly effective
programs when developing their highway safety programs.
(k)(1) Subject to the provisions of this subsection, the Secretary
shall make a grant to any State which includes, as part of its highway
safety program under section 402 of this title, the use of a
comprehensive computerized safety recordkeeping system designed to
correlate data regarding traffic accidents, drivers, motor vehicles, and
roadways. Any such grant may only be used by such State to establish and
maintain a comprehensive computerized traffic safety recordkeeping
system or to obtain and operate components to support highway safety
priority programs identified by the Secretary under this section.
Notwithstanding any other provision of law, if a report, list, schedule,
or survey is prepared by or for a State or political subdivision thereof
under this subsection, such report, list, schedule, or survey shall not
be admitted as evidence or used in any suit or action for damages
arising out of any matter mentioned in such report, list, schedule, or
survey.
(2) No State may receive a grant under this subsection in more than
two fiscal years.
(3) The amount of the grant to any State under this subsection for
the first fiscal year such State is eligible for a grant under this
subsection shall equal 10 per centum of the amount apportioned to such
State for fiscal year 1985 under this section. The amount of a grant to
any State under this subsection for the second fiscal year such State is
eligible for a grant under this subsection shall equal 10 per centum of
the amount apportioned to such State for fiscal year 1986 under this
section.
(4) A State is eligible for a grant under this subsection if--
(A) it certifies to the Secretary that it has in operation a
computerized traffic safety recordkeeping system and identifies
proposed means of upgrading the system acceptable to the Secretary;
or
(B) it provides to the Secretary a plan acceptable to the
Secretary for establishing and maintaining a computerized traffic
safety recordkeeping system.
(5) The Secretary, after making the deduction authorized by the
second sentence of subsection (c) of this section for fiscal years 1985
and 1986, shall set aside 10 per centum of the remaining funds
authorized to be appropriated to carry out this section for the purpose
of making grants under this subsection. Funds set aside under this
subsection shall remain available for the fiscal year authorized and for
the succeeding fiscal year and any amounts remaining unexpended at the
end of such period shall be apportioned in accordance with the
provisions of subsection (c) of this section.
(Added Pub. L. 89-564, title I, Sec. 101, Sept. 9, 1966, 80 Stat. 731;
amended Pub. L. 90-495, Sec. 13, Aug. 23, 1968, 82 Stat. 822; Pub. L.
91-605, title II, Secs. 202(c), (d), (e), 203(a), Dec. 31, 1970, 84
Stat. 1740, 1741; Pub. L. 93-87, title II, Secs. 207, 215-217, 219, 228,
229, 231, Aug. 13, 1973, 87 Stat. 285, 290, 293, 294; Pub. L. 94-280,
title II, Secs. 204, 208(a), 211, 212, May 5, 1976, 90 Stat. 453, 454,
455; Pub. L. 95-599, title II, Sec. 207(a), (b)(1), (c), (d), Nov. 6,
1978, 92 Stat. 2731, 2732; Pub. L. 97-35, title XI, Sec. 1107(c)-(e),
Aug. 13, 1981, 95 Stat. 626; Pub. L. 97-424, title II, Sec. 208, Jan. 6,
1983, 96 Stat. 2140; Pub. L. 98-363, Secs. 3(a), 5, July 17, 1984, 98
Stat. 436; Pub. L. 100-17, title I, Sec. 133(b)(20), title II, Sec. 206,
Apr. 2, 1987, 101 Stat. 172, 221; Pub. L. 102-240, title II, Sec. 2002,
Dec. 18, 1991, 105 Stat. 2070; Pub. L. 104-66, title I, Sec. 1121(d),
Dec. 21, 1995, 109 Stat. 724; Pub. L. 105-178, title I,
Sec. 1212(a)(2)(A)(i), title II, Sec. 2001(a)-(e), June 9, 1998, 112
Stat. 193, 323, 324.)
References in Text
This Act, referred to in subsec. (d), probably means Pub. L. 93-87,
Aug. 13, 1973, 87 Stat. 250, as amended. For complete classification of
this Act to the Code, see Tables.
Amendments
1998--Subsec. (a). Pub. L. 105-178, Sec. 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, Sec. 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, Sec. 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, Sec. 1212(a)(2)(A)(i), substituted
``State transportation department'' for ``State highway department''.
Subsec. (i). Pub. L. 105-178, Sec. 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, Sec. 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, Sec. 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, Sec. 2002(b), added pars.
(3) to (5).
Subsec. (d). Pub. L. 102-240, Sec. 2002(c), substituted ``National
Highway System'' for ``Federal-aid primary''.
1987--Subsec. (a). Pub. L. 100-17, Sec. 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, Sec. 206(a), substituted
``guidelines'' for ``standards''.
Subsec. (b)(1)(D) to (F). Pub. L. 100-17, Sec. 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, Secs. 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, Sec. 206(a), substituted
``guidelines'' for ``standards''.
Subsec. (j). Pub. L. 100-17, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 207(b)(1), substituted
``State highway safety agency'' for ``State agency''.
Subsec. (b)(1)(G). Pub. L. 95-599, Sec. 207(c), added subpar. (G).
Subsec. (d). Pub. L. 95-599, Sec. 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, Sec. 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,
Sec. 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,
Sec. 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, Sec. 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, Sec. 231(a), provided for
promulgation of uniform standards so as to improve bicycle safety.
Subsec. (b)(1)(E)(6). Pub. L. 93-87, Sec. 231(b), added item (6) of
subpar. (E).
Subsec. (b)(1)(F). Pub. L. 93-87, Sec. 228, added subpar. (F).
Subsec. (c). Pub. L. 93-87, Secs. 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, Sec. 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, Sec. 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, Sec. 207(a), added subsec. (i).
Subsec. (j). Pub. L. 93-87, Sec. 219, added subsec. (j).
1970--Subsec. (b)(1)(A). Pub. L. 91-605, Sec. 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, Sec. 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, Sec. 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, Sec. 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.
Effective Date of 1991 Amendment
Section 2008 of title II of Pub. L. 102-240 provided that: ``Except
as otherwise provided, this title [amending this section and sections
403 and 410 of this title and sections 1392, 1413, and 1414 of Title 15,
Commerce and Trade, enacting provisions set out as notes under this
section and sections 401, 403, and 410 of this title and section 1392 of
Title 15, and amending provisions set out as a note under section 401 of
this title], including the amendments made by this title, shall take
effect on the date of the enactment of this Act [Dec. 18, 1991], shall
apply to funds authorized to be appropriated or made available after
September 30, 1991, and shall not apply to funds appropriated or made
available on or before such date of enactment.''
Effective Date of 1984 Amendment
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.
Effective Date of 1981 Amendment
Section 1107(c) of Pub. L. 97-35 provided that the amendment made by
that section is effective Oct. 1, 1982.
Effective Date of 1978 Amendment
Section 207(b)(2) of Pub. L. 95-599 provided that: ``The amendment
made by paragraph (1) of this subsection [amending this section] shall
take effect January 1, 1979.''
Effective Date of 1970 Amendment
Section 203(b) of Pub. L. 91-605 provided that: ``The amendment made
by subsection (a) of this section [amending this section] shall take
effect December 31, 1971.''
Effective Date of 1968 Amendment
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.
National Bicycle Safety Education Curriculum
Pub. L. 105-178, title I, Sec. 1202(e), June 9, 1998, 112 Stat. 170,
provided that:
``(1) Development.--The Secretary is authorized to develop a
national bicycle safety education curriculum that may include courses
relating to on-road training.
``(2) Report.--Not later than 12 months after the date of enactment
of this Act [June 9, 1998], the Secretary shall transmit to Congress a
copy of the curriculum.
``(3) Funding.--From amounts made available under section 210
[probably should be section 206], the Secretary may use not to exceed
$500,000 for fiscal year 1999 to carry out this subsection.''
Bicycle and Pedestrian Safety Grants
Pub. L. 105-178, title I, Sec. 1212(i), formerly Sec. 1212(o), June
9, 1998, 112 Stat. 196; renumbered Sec. 1212(i), Pub. L. 105-206, title
IX, Sec. 9003(e)(5), July 22, 1998, 112 Stat. 840, provided that:
``(1) In General.--The Secretary shall make grants to a national,
not-for-profit organization engaged in promoting bicycle and pedestrian
safety--
``(A) to operate a national bicycle and pedestrian
clearinghouse;
``(B) to develop information and educational programs; and
``(C) to disseminate techniques and strategies for improving
bicycle and pedestrian safety.
``(D) Authorization of appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the Mass
Transit Account) to carry out this subsection $500,000 for each of
fiscal years 1998 through 2003.
``(E) Applicability of title 23.--Funds authorized by this
subsection shall be available for obligation in the same manner as
if such funds were apportioned under chapter 1 of title 23, United
States Code, except that the funds shall remain available until
expended.''
Highway Safety Education and Information
Pub. L. 105-178, title II, Sec. 2001(f), June 9, 1998, 112 Stat.
325, provided that:
``(1) In general.--For fiscal years 1999 and 2000, the Secretary
shall allow any State to use funds apportioned to the State under
section 402 of title 23, United States Code, to purchase television and
radio time for highway safety public service messages.
``(2) Reports by states.--Any State that uses funds described in
paragraph (1) for purchasing television and radio time for highway
safety public service messages shall submit to the Secretary a report
describing, and assessing the effectiveness of, the messages.
``(3) Study.--Based on information contained in the reports
submitted under paragraph (2), the Secretary shall prepare and transmit
to Congress a report on the effectiveness of purchasing television and
radio time for highway safety public service messages using funds
described in paragraph (1).''
Evaluation of Handicapped Parking System
Section 1088 of Pub. L. 102-240 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.
Obligation Limitation
Section 2009(b) of Pub. L. 102-240 provided that: ``If an obligation
limitation is placed on sums authorized to be appropriated to carry out
section 402 of title 23, United States Code, for fiscal year 1993 or
subsequent fiscal years, any amounts made available out of such funds to
carry out sections 2004 and 2006 of this Act [amending section 410 of
this title and enacting provisions set out as notes under sections 403
and 410 of this title] and section 211(b) of the National Driver
Register Act of 1982 [Pub. L. 97-364, set out as a note under section
401 of this title] shall be reduced proportionally.''
Handicapped Parking System
Pub. L. 100-641, Sec. 3, Nov. 9, 1988, 102 Stat. 3335, provided
that:
``(a) Regulations.--Not later than the 180th day following the date
of the enactment of this Act [Nov. 9, 1988], the Secretary of
Transportation shall issue regulations--
``(1) which establish a uniform system for handicapped parking
designed to enhance the safety of handicapped individuals, and
``(2) which encourage adoption of such system by all the States.
In issuing such regulations, the Secretary shall consult the States.
``(b) Definitions.--For purposes of this section--
``(1) Uniform system for handicapped parking.--A uniform system
for handicapped parking designed to enhance the safety of
handicapped individuals is a system which--
``(A) adopts the International Symbol of Access (as adopted
by Rehabilitation International in 1969 at its 11th World
Congress on Rehabilitation of the Disabled) as the only
recognized symbol for the identification of vehicles used for
transporting individuals with handicaps which limit or impair
the ability to walk;
``(B) provides for the issuance of license plates displaying
the International Symbol of Access for vehicles which will be
used to transport individuals with handicaps which limit or
impair the ability to walk, under criteria determined by the
State;
``(C) provides for the issuance of removable windshield
placards (displaying the International Symbol of Access) to
individuals with handicaps which limit or impair the ability to
walk, under criteria determined by the State;
``(D) provides that fees charged for the licensing or
registration of a vehicle used to transport individuals with
handicaps do not exceed fees charged for the licensing or
registration of other similar vehicles operated in the State;
and
``(E) for purposes of easy access parking, recognizes
licenses and placards displaying the International Symbol of
Access which have been issued by other States and countries.
``(2) State.--The term `State' has the meaning such term has
when used in chapter 4 of title 23, United States Code.''
Parking for Handicapped Persons; Study and Report; Proposed Uniform
State Law
Section 161 of Pub. L. 100-17 provided that:
``(a) Study.--The Secretary shall conduct a study for the purpose of
determining--
``(1) any problems encountered by handicapped persons in parking
motor vehicles; and
``(2) whether or not each State should establish parking
privileges for handicapped persons and grant to nonresidents of the
State the same parking privileges as are granted to residents.
``(b) Report.--Not later than 180 days after the date of the
enactment of this Act [Apr. 2, 1987], the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Public Works and Transportation of the House of
Representatives a report on the results of the study conducted under
subsection (a).
``(c) Development of Proposed Uniform State Law.--
``(1) Requirement.--If the Secretary determines under subsection
(a) that each State should establish parking privileges for
handicapped persons and grant to nonresidents of the State the same
parking privileges as are granted to residents, the Secretary shall
develop a proposed uniform State law with respect to parking
privileges for handicapped persons and submit a copy of the proposed
uniform State law to the Committee on Environment and Public Works
of the Senate and the Committee on Public Works and Transportation
of the House of Representatives and each State.
``(2) Factors to consider.--In developing the proposed uniform
State law, the Secretary shall consult with the States and shall
consider any advantages--
``(A) of ensuring that parking privileges for handicapped
persons may be utilized whether a handicapped person is a
passenger or a driver;
``(B) of the use of the international symbol of access as
the exclusive symbol identifying parking zones for handicapped
persons and identifying vehicles that may park in such parking
zones;
``(C) of displaying the international symbol of access on
license plates or license plate decals and on identification
placards; and
``(D) of designing any identification placard so that the
placard is easily visible when placed in the interior of any
vehicle.
``(3) Report.--If a proposed uniform State law with respect to
parking privileges for handicapped persons is developed and
submitted to the Committee on Environment and Public Works of the
Senate and the Committee on Public Works and Transportation [now
Committee on Transportation and Infrastructure] of the House of
Representatives under paragraph (1), within 12 months after the date
of such submission and each year thereafter, the Secretary shall
report to such committees on the extent to which each State has
adopted the proposed uniform State law.''
[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.]
Schoolbus Safety Measures; Study by National Academy of Sciences and
Report; Publication of List of Most Effective Safety Measures in Federal
Register; Schoolbus Safety Grant Program
Section 204 of Pub. L. 100-17 provided that:
``(a) Study.--
``(1) National academy of sciences.--Not later than 30 days
after the date of the enactment of this Act [Apr. 2, 1987], the
Secretary shall undertake to enter into appropriate arrangements
with the National Academy of Sciences to conduct a comprehensive
study and investigation of the principal causes of fatalities and
injuries to schoolchildren riding in schoolbuses and of the use of
seatbelts in schoolbuses and other measures that may improve the
safety of schoolbus transportation. The purpose of the study and
investigation is to determine those safety measures that are the
most effective in protecting the safety of schoolchildren while
boarding, leaving, and riding in schoolbuses.
``(2) Report.--In entering into any arrangements with the
National Academy of Sciences for conducting the study and
investigation under this subsection, the Secretary shall request the
National Academy of Sciences to submit, not later than 18 months
after the date on which such arrangements are completed, to Congress
and the Secretary a report on the results of such study and
investigation. The report shall contain a list of those safety
measures determined by the Academy to be most effective in
protecting the safety of schoolchildren while boarding, leaving, and
riding in schoolbuses.
``(3) Review of report.--Upon receipt of the report under
paragraph (2), the Secretary shall review such report for the
purpose of determining those safety measures that are the most
effective in protecting the safety of schoolchildren while boarding,
leaving, and riding in schoolbuses. Not later than 2 months after
the date of receipt of such report, the Secretary shall publish in
the Federal Register a list of those safety measures which the
Secretary determines are the most effective in protecting the safety
of such children.
``(4) Information.--Upon request of the National Academy of
Sciences, the Secretary shall furnish to the Academy any information
which the Academy deems necessary for the purpose of conducting the
study and investigation under this subsection.
``(b) Schoolbus Safety Grant Program.--
``(1) Set-aside.--Before apportioning any funds made available
to carry out section 402 of title 23, United States Code, for each
of fiscal years 1989, 1990, and 1991, the Secretary may set aside an
amount not to exceed $5,000,000 for making grants to States to
implement those schoolbus safety measures published by the Secretary
under subsection (a).
``(2) Application.--Any State interested in receiving under this
subsection a grant to implement schoolbus safety measures in fiscal
year 1989, 1990, or 1991 shall submit to the Secretary an
application for such grant. Applications under this subsection shall
be submitted at such time and in such form and contain such
information as the Secretary may require by regulation.
``(3) Limitation.--No State shall receive more than 30 percent
of the funds set aside pursuant to this subsection for any fiscal
year in grants under this subsection.''
Special Parking Privileges for Handicapped Persons
Pub. L. 98-78, title III, Sec. 321, Aug. 15, 1983, 97 Stat. 473,
provided that:
``(a) The Congress finds that--
``(1) in this Nation there exist millions of handicapped people
with severe physical impairments including partial paralysis, limb
amputation, chronic heart condition, emphysema, arthritis,
rheumatism, and other debilitating conditions which greatly limit
their personal mobility;
``(2) these people reside in each of the several States and have
need and reason to travel from one State to another for business and
recreational purposes;
``(3) each State maintains the right to establish and enforce
its own code of regulations regarding the appropriate use of motor
vehicles operating within its jurisdiction;
``(4) within a given State handicapped individuals are
oftentimes granted special parking privileges to help offset the
limitations imposed by their physical impairment;
``(5) these special parking privileges vary from State to State
as do the methods and means of identifying vehicles used by disabled
individuals, all of which serve to impede both the enforcement of
special parking privileges and the handicapped individual's freedom
to properly utilize such privileges;
``(6) there are many efforts currently underway to help
alleviate these problems through public awareness and administrative
change as encouraged by concerned individuals and national
associations directly involved in matters relating to the issue of
special parking privileges for disabled individuals; and
``(7) despite these efforts the fact remains that many States
may need to give the matter legislative consideration to ensure a
proper resolution of this issue, especially as it relates to law
enforcement and placard responsibility.
``(b) The Congress encourages each of the several States working
through the National Governors Conference to--
``(1) adopt the International Symbol of Access as the only
recognized and adopted symbol to be used to identify vehicles
carrying those citizens with acknowledged physical impairments;
``(2) grant to vehicles displaying this symbol the special
parking privileges which a State may provide; and
``(3) permit the International Symbol of Access to appear either
on a specialized license plate, or on a specialized placard placed
in the vehicles so as to be clearly visible through the front
windshield, or on both such places.
``(c) It is the sense of the Congress that agreements of reciprocity
relating to the special parking privileges granted handicapped
individuals should be developed and entered into by and between the
several States so as to--
``(1) facilitate the free and unencumbered use between the
several States, of the special parking privileges afforded those
people with acknowledged handicapped conditions, without regard to
the State of residence of the handicapped person utilizing such
privilege;
``(2) improve the ease of law enforcement in each State of its
special parking privileges and to facilitate the handling of
violators; and
``(3) ensure that motor vehicles carrying individuals with
acknowledged handicapped conditions be given fair and predictable
treatment throughout the Nation.
``(d) As used in this section the term `State' means the several
States and the District of Columbia.
``(e) The Secretary of Transportation shall provide a copy of this
section to the Governor of each State and the Mayor of the District of
Columbia.''
Motorcycle Helmet Study
Section 210 of Pub. L. 95-599 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.
Study of Methods of Encouraging Use of Safety Belts in Automobiles
Section 214 of Pub. L. 95-599 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.
Evaluation of Safety Standards; Report to Congress
Section 208(b) of Pub. L. 94-280 provided that: ``The Secretary of
Transportation shall, in cooperation with the States, conduct an
evaluation of the adequacy and appropriateness of all uniform safety
standards established under section 402 of title 23 of the United States
Code which are in effect on the date of enactment of this Act [May 5,
1976]. The Secretary shall report his findings, together with his
recommendations, including but not limited to, the need for revision or
consolidation of existing standards and the establishment of new
standards, to Congress on or before July 1, 1977. Until such report is
submitted, the Secretary shall not, pursuant to subsection (c) of
section 402 of title 23, United States Code, withhold any apportionment
or any funds apportioned to any State because such State is failing to
implement a highway safety program approved by the Secretary in
accordance with such section 402.''
Report to Congress by July 1, 1967, on Initial Standards
Section 203 of Pub. L. 89-564 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.
Authorization of Appropriations
Section 104 of Pub. L. 89-564 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.
Study of Relationship Between Consumption of Alcohol and Highway Safety
Section 204 of Pub. L. 89-564, as amended by Pub. L. 97-449,
Sec. 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. Increasing Seat Belt Use in the United States
Ex. Ord. No. 13043, Apr. 16, 1997, 62 F.R. 19217, 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. Reporting Requirements. The Secretary of Transportation, in
cooperation with the heads of executive branch agencies, and after
consultation with the judicial and legislative branches of Government,
shall submit an annual report to the President. The report shall include
seat belt use rates and statistics of crashes, injuries, and related
costs involving Federal employees on official business and occupants of
motor vehicles driven in national park areas, on Defense installations,
and on highways in Indian Country. The report also shall identify
specific agency programs that have made significant progress towards
achieving the goals of this order or are notable and deserving of
recognition. All agencies of the executive branch shall provide
information to, and otherwise cooperate with, the Secretary of
Transportation to assist with the preparation of the annual report.
Sec. 5. 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. 6. 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.
William J. Clinton.
Section Referred to in Other Sections
This section is referred to in sections 153, 154, 163, 164, 403,
404, 405, 406, 408, 410, 411 of this title; title 42 section 7544; title
49 sections 30308, 31107.
