§ 403. — Highway safety research and development.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC403]
TITLE 23--HIGHWAYS
CHAPTER 4--HIGHWAY SAFETY
Sec. 403. Highway safety research and development
(a) Authority of the Secretary.--
(1) In general.--The Secretary is authorized to use funds
appropriated to carry out this section to engage in research on all
phases of highway safety and traffic conditions.
(2) Additional authority.--In addition, the Secretary may use
the funds appropriated to carry out this section, either
independently or in cooperation with other Federal departments or
agencies, for--
(A) training or education of highway safety personnel,
including training in work zone safety management,
(B) research fellowships in highway safety,
(C) development of improved accident investigation
procedures,
(D) emergency service plans,
(E) demonstration projects, and
(F) related research and development activities which the
Secretary deems will promote the purposes of this section.
(3) Safety defined.--As used in this section, the term
``safety'' includes highway safety and highway safety-related
research and development, including research and development
relating to highway and driver characteristics, crash
investigations, communications, emergency medical care, and
transportation of the injured.
(b) Drugs and Driver Behavior.--In addition to the research
authorized by subsection (a), the Secretary, in consultation with other
Government and private agencies as may be necessary, is authorized to
carry out safety research on the following:
(1) The relationship between the consumption and use of drugs
and their effect upon highway safety and drivers of motor vehicles.
(2) Driver behavior research, including the characteristics of
driver performance, the relationships of mental and physical
abilities or disabilities to the driving task, and the relationship
of frequency of driver crash involvement to highway safety.
(3) Measures that may deter drugged driving.
(4) Programs to train law enforcement officers on motor vehicle
pursuits conducted by the officers.
(c) The research authorized by subsections (a) and (b) of this
section may be conducted by the Secretary through grants and contracts
with public and private agencies, institutions, and individuals.
(d) The Secretary may, where he deems it to be in furtherance of the
purposes of section 402 of this title, vest in State or local agencies,
on such terms and conditions as he deems appropriate, title to equipment
purchased for demonstration projects with funds authorized by this
section.
(e) In addition to the research authorized by subsection (a) of this
section, the Secretary shall, either independently or in cooperation
with other Federal departments or agencies, conduct research into, and
make grants to or contracts with State or local agencies, institutions,
and individuals for projects to demonstrate the administrative
adjudication of traffic infractions. Such administrative adjudication
demonstration projects shall be designed to improve highway safety by
developing fair, efficient, and effective processes and procedures for
traffic infraction adjudication, utilizing appropriate punishment,
training, and rehabilitative measures for traffic offenders. The
Secretary shall report to Congress by July 1, 1975, and each year
thereafter during the continuance of the program, on the research and
demonstration projects authorized by this subsection, and shall include
in such report a comparison of the fairness, efficiency, and
effectiveness of administrative adjudication of traffic infractions with
other methods of handling such infractions.
(f) Collaborative Research and Development.--
(1) In general.--For the purpose of encouraging innovative
solutions to highway safety problems, stimulating voluntary
improvements in highway safety, and stimulating the marketing of new
highway safety-related technology by private industry, the Secretary
is authorized to undertake, on a cost-shared basis, collaborative
research and development with non-Federal entities, including State
and local governments, colleges, and universities and corporations,
partnerships, sole proprietorships, and trade associations that are
incorporated or established under the laws of any State or the
United States. This collaborative research may include crash data
collection and analysis; driver and pedestrian behavior; and
demonstrations of technology.
(2) Cooperative agreements.--In carrying out this subsection,
the Secretary may enter into cooperative research and development
agreements, as defined in section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a); except that in
entering into such agreements, the Secretary may agree to provide
not more than 50 percent of the cost of any research or development
project selected by the Secretary under this subsection.
(3) Project selection.--In selecting projects to be conducted
under this subsection, the Secretary shall establish a procedure to
consider the views of experts and the public concerning the project
areas.
(4) Applicability of stevenson-wydler technology innovation
act.--The research, development, or utilization of any technology
pursuant to an agreement under the provisions of this subsection,
including the terms under which technology may be licensed and the
resulting royalties may be distributed, shall be subject to the
provisions of the Stevenson-Wydler Technology Innovation Act of
1980.
(Added Pub. L. 89-564, title I, Sec. 101, Sept. 9, 1966, 80 Stat. 733;
amended Pub. L. 93-87, title II, Secs. 208(a), 220-222, 226(a), Aug. 13,
1973, 87 Stat. 286, 291, 292; Pub. L. 102-240, title II, Sec. 2003, Dec.
18, 1991, 105 Stat. 2071; Pub. L. 105-178, title II, Sec. 2002(a),
(b)(1), June 9, 1998, 112 Stat. 325.)
References in Text
The Stevenson-Wydler Technology Innovation Act of 1980, referred to
in subsec. (f)(4), is Pub. L. 96-480, Oct. 21, 1980, 94 Stat. 2311, as
amended, which is classified generally to chapter 63 (Sec. 3701 et seq.)
of Title 15, Commerce and Trade. For complete classification of this Act
to the Code, see Short Title note set out under section 3701 of Title 15
and Tables.
Amendments
1998--Subsec. (a)(2)(A). Pub. L. 105-178, Sec. 2002(a), inserted ``,
including training in work zone safety management'' after ``personnel''.
Subsec. (b)(3), (4). Pub. L. 105-178, Sec. 2002(b)(1), added pars.
(3) and (4).
1991--Subsec. (a). Pub. L. 102-240, Sec. 2003(a), added subsec. (a)
and struck out former subsec. (a) which read as follows: ``The Secretary
is authorized to use funds appropriated to carry out this subsection to
carry out safety research which he is authorized to conduct by
subsection (a) of section 307 of this title. In addition, the Secretary
may use the funds appropriated to carry out this section, either
independently or in cooperation with other Federal departments or
agencies, for making grants to or contracting with State or local
agencies, institutions, and individuals for (1) training or education of
highway safety personnel, (2) research fellowships in highway safety,
(3) development of improved accident investigation procedures, (4)
emergency service plans, (5) demonstration projects, and (6) related
activities which the Secretary deems will promote the purposes of this
section. The Secretary shall assure that no fees are charged for any
meetings or services attendant thereto or other activities relating to
training and education of highway safety personnel.''
Subsec. (b). Pub. L. 102-240, Sec. 2003(a), added subsec. (b) and
struck out former subsec. (b) which read as follows: ``In addition to
the research authorized by subsection (a) of this section, the
Secretary, in consultation with such other Government and private
agencies as may be necessary, is authorized to carry out safety research
on the following:
``(1) The relationship between the consumption and use of drugs
and their effect upon highway safety and drivers of motor vehicles;
and
``(2) Driver behavior research, including the characteristics of
driver performance, the relationships of mental and physical
abilities or disabilities to the driving task, and the relationship
of frequency of driver accident involvement to highway safety.''
Subsec. (c). Pub. L. 102-240, Sec. 2003(c), substituted
``subsections (a) and (b)'' for ``subsection (b)''.
Subsec. (f). Pub. L. 102-240, Sec. 2003(b), added subsec. (f) and
struck out former subsec. (f) which read as follows: ``In addition to
the research authorized by subsection (a) of this section, the Secretary
shall carry out research, development, and demonstration projects to
improve and evaluate the effectiveness of various types of driver
education programs in reducing traffic accidents and deaths, injuries,
and property damage resulting therefrom. The research, development, and
demonstration projects authorized by this subsection may be carried out
by the Secretary through grants and contracts with public and private
agencies, institutions, and individuals. The Secretary shall report to
the Congress by July 1, 1975, and each year thereafter during the
continuance of the program, on the research, development, and
demonstration projects authorized by this subsection, and shall include
in such report an evaluation of the effectiveness of driver education
programs in reducing traffic accidents and deaths, injuries, and
property damage resulting therefrom.''
1973--Subsec. (a). Pub. L. 93-87, Secs. 208(a), 220, designated
existing provisions as subsec. (a); substituted in first sentence ``this
subsection'' for ``this section''; substituted in second sentence ``for
making grants to or contracting with State or local agencies,
institutions, and individuals for (1) training or education of highway
safety personnel'' for ``for (1) grants to State or local agencies,
institutions, and individuals for training or education of highway
safety personnel'' and ``(6) related activities which the Secretary
deems will promote the purposes of this section'' for (6) related
activities which are deemed by the Secretary to be necessary to carry
out the purposes of this section''; and inserted requirement that the
Secretary assure that no fees be charged for any meeting or services
attendant thereto or other activities relating to training and education
of highway safety personnel.
Subsecs. (b), (c). Pub. L. 93-87, Sec. 208(a), added subsecs. (b)
and (c).
Subsecs. (d) to (f). Pub. L. 93-87, Secs. 221, 222, 226(a), added
subsecs. (d) to (f).
Effective Date of 1991 Amendment
Amendment by Pub. L. 102-240, except as otherwise provided,
effective Dec. 18, 1991, and applicable to funds authorized to be
appropriated or made available after Sept. 30, 1991, and not applicable
to funds appropriated or made available on or before Dec. 18, 1991, see
section 2008 of Pub. L. 102-240, set out as a note under section 402 of
this title.
Termination of Reporting Requirements
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 subsec. (e) of this section is listed on page
134), see section 3003 of Pub. L. 104-66, as amended, set out as a note
under section 1113 of Title 31, Money and Finance.
Safety Studies
Pub. L. 105-178, title II, Sec. 2007, June 9, 1998, 112 Stat. 336,
provided that:
``(a) Blowout Resistant Tires Study.--The Secretary shall conduct a
study on the benefit to public safety of the use of blowout resistant
tires on commercial motor vehicles and the potential to decrease the
incidence of accidents and fatalities from accidents occurring as a
result of blown out tires.
``(b) School Bus Occupant Safety Study.--The Secretary shall conduct
a study to assess occupant safety in school buses. The study shall
examine available information about occupant safety and analyze options
for improving occupant safety.
``(c) Reports.--Not later than 2 years after the date of enactment
of this Act [June 9, 1998], the Secretary shall transmit to Congress a
report on the results of each study conducted under this section.
``(d) Limitation on Funding.--The Secretary may not expend more than
$200,000 from funds made available by section 403 of title 23, United
States Code, for conducting each study under this section.''
School Transportation Safety
Pub. L. 105-178, title IV, Sec. 4030, June 9, 1998, 112 Stat. 418,
provided that:
``(a) Study.--Not later than 3 months after the date of enactment of
this Act [June 9, 1998], the Secretary shall offer to enter into an
agreement with the Transportation Research Board of the National Academy
of Sciences to conduct, subject to the availability of appropriations, a
study of the safety issues attendant to the transportation of school
children to and from school and school-related activities by various
transportation modes.
``(b) Terms of Agreement.--The agreement under subsection (a) shall
provide that--
``(1) the Transportation Research Board, in conducting the
study, shall consider--
``(A) in consultation with the National Transportation
Safety Board, the Bureau of Transportation Statistics, and other
relevant entities, available crash injury data;
``(B) vehicle design and driver training requirements,
routing, and operational factors that affect safety; and
``(C) other factors that the Secretary considers to be
appropriate;
``(2) if the data referred to in paragraph (1)(A) is unavailable
or insufficient, the Transportation Research Board shall recommend a
new data collection regimen and implementation guidelines; and
``(3) a panel shall conduct the study and shall include--
``(A) representatives of--
``(i) highway safety organizations;
``(ii) school transportation;
``(iii) mass transportation operators;
``(iv) employee organizations; and
``(v) bicycling organizations;
``(B) academic and policy analysts; and
``(C) other interested parties.
``(c) Report.--Not later than 12 months after the Secretary enters
into an agreement under subsection (a), the Secretary shall transmit to
the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report that contains the results of the study.
``(d) Authorization.--There are authorized to be appropriated to the
Department of Transportation to carry out this section $200,000 for
fiscal year 2000 and $200,000 for fiscal year 2001. Such sums shall
remain available until expended.''
Drug Recognition Expert Training Program
Section 2006 of Pub. L. 102-240 provided that:
``(a) Establishment.--The Secretary, acting through the National
Highway Traffic Safety Administration, shall establish a regional
program for implementation of drug recognition programs and for training
law enforcement officers (including enforcement officials under the
motor carrier safety assistance program) to recognize and identify
individuals who are operating a motor vehicle while under the influence
of alcohol or one or more controlled substances or other drugs.
``(b) Advisory Committee.--The Secretary shall establish a citizens
advisory committee that shall report to Congress annually on the
progress of the implementation of subsection (a). Members of the
committee shall include 1 member of each of the following: Mothers
Against Drunk Driving; a narcotics control organization; American
Medical Association; American Bar Association; and such other
organizations as the Secretary deems appropriate. The committee shall be
subject to the provisions of the [Federal] Advisory Committee Act [5
App. U.S.C.] and shall terminate 2 years after the date of the enactment
of this Act [Dec. 18, 1991].
``(c) 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 section $4,000,000 for each of fiscal years
1992 through 1997.
``(d) Definition.--For purposes of this section, the term
`controlled substance' means any controlled substance, as defined under
section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)),
whose use the Secretary has determined poses a risk to transportation
safety.''
Pilot Program for Drug Recognition Expert Training
Pub. L. 100-690, title IX, Sec. 9004, Nov. 18, 1988, 102 Stat. 4525,
provided that:
``(a) Establishment.--The Secretary of Transportation, acting
through the National Highway Traffic Safety Administration, shall
establish a 3-year pilot, regional program for training law enforcement
officers to recognize and identify individuals who are operating a motor
vehicle while under the influence of alcohol or 1 or more controlled
substances or other drugs.
``(b) Report.--Not later than 1 year after the completion of the
pilot program under this section, the Secretary of Transportation shall
transmit to Congress a report on the effectiveness of such pilot program
together with any recommendations.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for fiscal year 1989,
$7,000,000 for fiscal year 1990, and $9,000,000 for fiscal year 1991.
Such sums shall remain available until expended.''
Pilot Grant Program for Random Testing for Illegal Drug Use
Pub. L. 100-690, title IX, Sec. 9005, Nov. 18, 1988, 102 Stat. 4526,
provided that:
``(a) Establishment of Pilot Program.--The Secretary shall design,
within 9 months after the date of the enactment of this Act [Nov. 18,
1988], and implement, within 15 months after the date of the enactment
of this Act, a pilot State grant program for the purpose of testing
individuals described in subsection (e)(1) to determine whether such
individuals have used, without lawful authorization, a controlled
substance.
``(b) State Participation.--The Secretary shall solicit the
participation of States from those States interested in participating in
such a program not more than 4 States to participate in the program.
``(c) State Selection Process.--The Secretary shall ensure that the
selection made pursuant to this section is representative of varying
geographical and population characteristics of the Nation, and takes
into consideration the historical geographical incidence of motor
vehicle accidents involving loss of human life. In selecting the States
for participation, the Secretary shall attempt to solicit States which
meet the following criteria:
``(1) One of the States shall be a western State which is one of
the 3 most populous States, with numerous large cities, with at
least one city exceeding 7,000,000 people. The State should have a
diverse demographic population with larger than average drug use
according to reliable surveys.
``(2) One of the remaining States should be a southern State,
one a northeastern State, and one a central State.
``(3) One of the remaining States should be mainly rural and
among the least populous States.
``(4) One of the remaining States should have less than average
drug use according to reliable surveys.
``(d) Length of Program.--The pilot program authorized by this
section shall continue for a period of 1 year. The Secretary shall
consider alternative methodologies for implementing a system of random
testing of such individuals.
``(e) Requirements for State Participation.--
``(1) Persons to be tested.--Each State participating in the
test program shall test for controlled substances in accordance with
paragraph (2) individuals who--
``(A) are applicants seeking the privilege to drive, and
``(B) have never been issued a driver's license by any
State.
``(2) Types of testing.--To deter drug use and promote highway
safety, all individuals described in paragraph (1) shall be subject
to random testing--
``(A) prior to issuance of driver's licenses, and
``(B) during the first year following the date of issuance
of such licenses.
``(3) Denial of driving privileges.--Each State participating in
the test program shall deny an individual driving privileges if drug
testing required by paragraph (1) indicates that such individual has
used illicit drugs, with such denial lasting for a period of at
least 1 year following such test or subsequent confirmatory test.
``(4) Reinstitution of driving privileges.--The program
described in paragraph (3) may allow for reinstitution of driving
privileges after a period of 3 months if such reinstitution is
accompanied by a requirement that the individual be available for a
period of 9 months for drug testing on a regular basis. If any such
test indicates that the individual has used illicit drugs, then
driving privileges must be denied for 1 year following such test or
confirmatory test.
``(f) Regulations.--The Secretary may issue regulations to assist
States in implementing the programs described in subsection (e) and to
grant temporary exceptions in appropriate circumstances.
``(g) Report.--Not later than 30 months after the date of the
enactment of this Act [Nov. 18, 1988], the Secretary shall prepare and
transmit to Congress a comprehensive report setting forth the results of
the pilot program conducted under this section. Such report shall
include any recommendations of the Secretary concerning the desirability
and implementation of a system for random testing of such operators of
motor vehicles.
``(h) Authorization of Appropriations.--For purposes of carrying out
this test program, there is authorized to be appropriated $5,000,000 for
fiscal year 1990.
``(i) Definitions.--For purposes of this section--
``(1) Controlled substance.--The term `controlled substance'
means any controlled substance as defined under section 102(6) of
the Controlled Substance Act (21 U.S.C. 802(6)) whose use the
Secretary has determined poses a risk to transportation safety.
``(2) Secretary.--The term `Secretary' means the Secretary of
Transportation.
``(3) State.--The term `State' has the meaning such term has
when used in chapter 1 of title 23, United States Code.''
Drug and Highway Safety Study and Report
Pub. L. 99-570, title III, Sec. 3402, Oct. 27, 1986, 100 Stat. 3207-
102, directed Secretary of Transportation to conduct a study to
determine relationship between usage of controlled substances and
highway safety and, not later than one year after Oct. 27, 1986, submit
to Congress a report on results of study.
National Driver Register Study
Pub. L. 95-599, title II, Sec. 204, Nov. 6, 1978, 92 Stat. 2729,
directed Secretary of Transportation to make a full and complete
investigation and study of the need for, and, if necessary, ways and
means to establish, a national driver register to assist States in
electronically exchanging information regarding motor vehicle driving
records of certain individuals, with Secretary to issue a final report
to Congress not later than one year after Nov. 6, 1978.
Detection and Prevention of Marijuana and Other Drug Use by Operators of
Motor Vehicles
Pub. L. 95-599, title II, Sec. 212, Nov. 6, 1978, 92 Stat. 2734,
directed Secretary to report to Congress not later than Dec. 31, 1979,
concerning the progress of efforts to detect and prevent marijuana and
drug use by motor vehicle operators, capabilities of law enforcement
officials to detect the use of marijuana and drugs by motor vehicle
operators, and a description of Federal and State projects undertaken
into methods of detection and prevention.
Form and Use of Reports of Highway Traffic Accidents or Research
Projects in Court; Availability to Public
Pub. L. 89-564, title I, Sec. 106, Sept. 9, 1966, 80 Stat. 735, as
amended by Pub. L. 105-178, title V, Sec. 5119(f), June 9, 1998, 112
Stat. 452, provided that: ``All facts contained in any report of any
Federal department or agency or any officer, employee, or agent thereof,
relating to any highway traffic accident or the investigation thereof
conducted pursuant to chapter 4 of title 23 of the United States Code
shall be available for use in any civil, criminal, or other judicial
proceeding arising out of such accident, and any such officer, employee,
or agent may be required to testify in such proceedings as to the facts
developed in such investigation. Any such report shall be made available
to the public in a manner which does not identify individuals. All
completed reports on research projects, demonstration projects, and
other related activities conducted under section 403 and chapter 5 of
title 23, United States Code, shall be made available to the public in a
manner which does not identify individuals.''
Appropriations Authorizations
Section 208(b) of Pub. L. 93-87 provided that: ``There is authorized
to be appropriated to carry out the amendments made by this section
[amending this section] by the National Highway Traffic Safety
Administration, out of the Highway Trust Fund, the sum of $10,000,000
per fiscal year for each of the fiscal years ending June 30, 1974, June
30, 1975, and June 30, 1976.''
Section 226(b) of Pub. L. 93-87 provided that: ``For the purpose of
carrying out the amendment made by subsection (a) of this section
[amending this section], there is authorized to be appropriated
$10,000,000 out of the Highway Trust Fund.''
Authorization of Additional Appropriations
Authorization of appropriation of additional sum of $10,000,000 for
the fiscal year ending June 30, 1967, $20,000,000 for the fiscal year
ending June 30, 1968, and $25,000,000 for the fiscal year ending June
30, 1969, for the purpose of carrying out this section and section
307(a) of this title, see section 105 of Pub. L. 89-564, set out as a
note under section 307 of this title.
Section Referred to in Other Sections
This section is referred to in sections 110, 402 of this title.
