23 Usc 403

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using electronic equipment supplied by the Government while driving.
SEC. 3. Scope of Order. (a) All agencies of the executive branch are directed to take appropriate action
within the scope of their existing programs to further
the policies of this order and to implement section 2 of
this order. This includes, but is not limited to, considering new rules and programs, and reevaluating existing programs to prohibit text messaging while driving,
and conducting education, awareness, and other outreach for Federal employees about the safety risks associated with texting while driving. These initiatives
should encourage voluntary compliance with the agency’s text messaging policy while off duty.
(b) Within 90 days of the date of this order, each agency is directed, consistent with all applicable laws and
regulations: (i) to take appropriate measures to implement this order, (ii) to adopt measures to ensure compliance with section 2 of this order, including through
appropriate disciplinary actions, and (iii) to notify the
Secretary of Transportation of the measures it undertakes hereunder.
(c) Agency heads may exempt from the requirements
of this order, in whole or in part, certain employees, devices, or vehicles in their respective agencies that are
engaged in or used for protective, law enforcement, or
national security responsibilities or on the basis of
other emergency conditions.
SEC. 4. Text Messaging While Driving by Government
Contractors, Subcontractors, and Recipients and Subrecipients. Each Federal agency, in procurement contracts,
grants, and cooperative agreements, and other grants
to the extent authorized by applicable statutory authority, entered into after the date of this order, shall
encourage contractors, subcontractors, and recipients
and subrecipients to adopt and enforce policies that
ban text messaging while driving company-owned or
-rented vehicles or GOV, or while driving POV when on
official Government business or when performing any
work for or on behalf of the Government. Agencies
should also encourage Federal contractors, subcontractors, and grant recipients and subrecipients as described in this section to conduct initiatives of the type
described in section 3(a) of this order.
SEC. 5. Coordination. The Secretary of Transportation,
in consultation with the Administrator of General
Services and the Director of the Office of Personnel
Management, shall provide leadership and guidance to
the heads of executive branch agencies to assist them
with any action pursuant to this order.
SEC. 6. Definitions.
(a) The term ‘‘agency’’ as used in this order means an
executive agency, as defined in 5 U.S.C. 105, except for
the Government Accountability Office.
(b) ‘‘Texting’’ or ‘‘Text Messaging’’ means reading
from or entering data into any handheld or other electronic device, including for the purpose of SMS texting,
e-mailing, instant messaging, obtaining navigational
information, or engaging in any other form of electronic data retrieval or electronic data communication.
(c) ‘‘Driving’’ means operating a motor vehicle on an
active roadway with the motor running, including
while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise. It does not include
operating a motor vehicle with or without the motor
running when one has pulled over to the side of, or off,
an active roadway and has halted in a location where
one can safely remain stationary.
SEC. 7. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect or
alter:
(i) Authority granted by law or Executive Order to
an agency, or the head thereof;
(ii) Powers and duties of the heads of the various
departments and agencies pursuant to the Highway
Safety Act of 1966, as amended, 23 U.S.C. 402 and 403,
section 19 of the Occupational Safety and Health Act
of 1970, as amended, 29 U.S.C. 668, sections 7901 and
7902 of title 5, United States Code, or the Federal

§ 403

Property and Administrative Services Act of 1949, as
amended, 40 U.S.C. 101 et seq.;
(iii) Rights, duties, or procedures under the National Labor Relations Act, 29 U.S.C. 151 et seq.; or
(iv) Functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
BARACK OBAMA.

§ 403. Highway safety research and development
(a) DEFINED TERM.—In this section, the term
‘‘Federal laboratory’’ includes—
(1) a government-owned, government-operated laboratory; and
(2) a government-owned, contractor-operated
laboratory.
(b) GENERAL AUTHORITY.—
(1) RESEARCH AND DEVELOPMENT ACTIVITIES.—
The Secretary may conduct research and development activities, including demonstration
projects and the collection and analysis of
highway and motor vehicle safety data and related information needed to carry out this section, with respect to—
(A) all aspects of highway and traffic safety systems and conditions relating to—
(i) vehicle, highway, driver, passenger,
motorcyclist, bicyclist, and pedestrian
characteristics;
(ii) accident causation and investigations;
(iii) communications; and
(iv) emergency medical services, including the transportation of the injured;
(B) human behavioral factors and their effect on highway and traffic safety, including—
(i) driver education;
(ii) impaired driving; and
(iii) distracted driving;
(C) an evaluation of the effectiveness of
countermeasures to increase highway and
traffic safety, including occupant protection
and alcohol- and drug-impaired driving technologies and initiatives;
(D) the development of technologies to detect drug impaired drivers;
(E) research on, evaluations of, and identification of best practices related to driver
education programs (including driver education curricula, instructor training and
certification, program administration, and
delivery mechanisms) and make recommendations for harmonizing driver education and multistage graduated licensing
systems; and
(F) the effect of State laws on any aspects,
activities, or programs described in subparagraphs (A) through (E).
(2) COOPERATION, GRANTS, AND CONTRACTS.—
The Secretary may carry out this section—
(A) independently;

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TITLE 23—HIGHWAYS

(B) in cooperation with other Federal departments, agencies, and instrumentalities
and Federal laboratories;
(C) by entering into contracts, cooperative
agreements, and other transactions with the
National Academy of Sciences, any Federal
laboratory, State or local agency, authority,
association, institution, or person (as defined in chapter 1 of title 1); or
(D) by making grants to the National
Academy of Sciences, any Federal laboratory, State or local agency, authority, association, institution, or person (as defined in
chapter 1 of title 1).
(c) COLLABORATIVE RESEARCH AND DEVELOPMENT.—
(1) IN GENERAL.—To encourage innovative solutions to highway safety problems, stimulate
voluntary improvements in highway safety,
and stimulate the marketing of new highway
safety related technology by private industry,
the Secretary is authorized to carry out, on a
cost-shared basis, collaborative research and
development with—
(A) non-Federal entities, including State
and local governments, colleges, universities, corporations, partnerships, sole proprietorships, organizations, and trade associations that are incorporated or established
under the laws of any State or the United
States; and
(B) Federal laboratories.
(2) 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)) in which the Secretary provides not
more than 50 percent of the cost of any research or development project under this subsection.
(3) USE OF TECHNOLOGY.—The research, development, or use of any technology pursuant
to an agreement under 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 (15 U.S.C. 3701 et seq.).
(d) TITLE TO EQUIPMENT.—In furtherance of the
purposes set forth in section 402, the Secretary
may vest title to equipment purchased for demonstration projects with funds authorized under
this section to State or local agencies on such
terms and conditions as the Secretary determines to be appropriate.
(e) PROHIBITION ON CERTAIN DISCLOSURES.—
Any report of the National Highway Traffic
Safety Administration, or of any officer, employee, or contractor of the National Highway
Traffic Safety Administration, relating to any
highway traffic accident or the investigation of
such accident conducted pursuant to this chapter or chapter 301 may only be made available to
the public in a manner that does not identify individuals.
(f) COOPERATIVE RESEARCH AND EVALUATION.—
(1) ESTABLISHMENT AND FUNDING.—Notwithstanding the apportionment formula set forth
in section 402(c)(2), $2,500,000 of the total

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amount available for apportionment to the
States for highway safety programs under subsection 1 402(c) in each fiscal year shall be
available for expenditure by the Secretary,
acting through the Administrator of the National Highway Traffic Safety Administration,
for a cooperative research and evaluation program to research and evaluate priority highway safety countermeasures.
(2) ADMINISTRATION.—The program established under paragraph (1)—
(A) shall be administered by the Administrator of the National Highway Traffic Safety Administration; and
(B) shall be jointly managed by the Governors Highway Safety Association and the
National Highway Traffic Safety Administration.
(g) INTERNATIONAL COOPERATION.—The Administrator of the National Highway Traffic Safety
Administration may participate and cooperate
in international activities to enhance highway
safety.
(h) IN-VEHICLE ALCOHOL DETECTION DEVICE RESEARCH.—
(1) IN GENERAL.—The Administrator of the
National Highway Traffic Safety Administration may carry out a collaborative research effort under chapter 301 of title 49 on in-vehicle
technology to prevent alcohol-impaired driving.
(2) FUNDING.—Funds provided under section
405 may be made to be used by the Secretary
to conduct the research described in paragraph
(1).
(3) PRIVACY PROTECTION.—If the Administrator utilizes the authority under paragraph
(1), the Administrator shall not develop requirements for any device or means of technology to be installed in an automobile intended for retail sale that records a driver’s
blood alcohol concentration.
(4) REPORTS.—If the Administrator conducts
the research authorized under paragraph (1),
the Administrator shall submit an annual report to the Committee on Commerce, Science,
and Transportation of the Senate, the Committee on Transportation and Infrastructure
of the House of Representatives, and Committee on Science, Space, and Technology of the
House of Representatives that—
(A) describes the progress made in carrying out the collaborative research effort; and
(B) includes an accounting for the use of
Federal funds obligated or expended in carrying out that effort.
(5) DEFINITIONS.—In this subsection:
(A) ALCOHOL-IMPAIRED DRIVING.—The term
‘‘alcohol-impaired driving’’ means the operation of a motor vehicle (as defined in section 30102(a)(6) of title 49) by an individual
whose blood alcohol content is at or above
the legal limit.
(B) LEGAL LIMIT.—The term ‘‘legal limit’’
means a blood alcohol concentration of 0.08
percent or greater (as set forth in section
163(a)) or such other percentage limitation
as may be established by applicable Federal,
State, or local law.
1 So

in original. Probably should be ‘‘section’’.

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(Added Pub. L. 89–564, title I, § 101, Sept. 9, 1966,
80 Stat. 733; amended Pub. L. 93–87, title II,
§§ 208(a), 220–222, 226(a), Aug. 13, 1973, 87 Stat. 286,
291, 292; Pub. L. 102–240, title II, § 2003, Dec. 18,
1991, 105 Stat. 2071; Pub. L. 105–178, title II,
§ 2002(a), (b)(1), June 9, 1998, 112 Stat. 325; Pub. L.
109–59, title II, §§ 2003(a), (b), 2013(e), Aug. 10,
2005, 119 Stat. 1522, 1540; Pub. L. 112–141, div. C,
title I, § 31103, July 6, 2012, 126 Stat. 739.)
REFERENCES IN TEXT
The Stevenson-Wydler Technology Innovation Act of
1980, referred to in subsec. (c)(3), is Pub. L. 96–480, Oct.
21, 1980, 94 Stat. 2311, which is classified generally to
chapter 63 (§ 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
2012—Subsecs. (a) to (f). Pub. L. 112–141, § 31103(1),
added subsecs. (a) to (f) and struck out former subsecs.
(a) to (f) which related to authority of the Secretary
generally, drugs and driver behavior, authority of Secretary to conduct research through grants and contracts with public and private agencies, institutions,
and individuals, authority of Secretary to vest title to
equipment purchased for demonstration projects in
State and local agencies, authority of Secretary relating to projects to demonstrate the administrative adjudication of traffic infractions, and collaborative research and development, respectively.
Subsec. (h). Pub. L. 112–141, § 31103(2), added subsec.
(h).
2005—Subsec. (a). Pub. L. 109–59, § 2003(a), reenacted
heading without change and amended text of subsec. (a)
generally, substituting provisions relating to authority
of Secretary to use funds for highway safety research
programs for former provisions which related to, in par.
(1), general authority of Secretary, in par. (2), additional authority of Secretary, and, in par. (3), definition of ‘‘safety’’.
Subsec. (b)(5), (6). Pub. L. 109–59, § 2013(e), added pars.
(5) and (6).
Subsec. (g). Pub. L. 109–59, § 2003(b), added subsec. (g).
1998—Subsec. (a)(2)(A). Pub. L. 105–178, § 2002(a), inserted ‘‘, including training in work zone safety management’’ after ‘‘personnel’’.
Subsec. (b)(3), (4). Pub. L. 105–178, § 2002(b)(1), added
pars. (3) and (4).
1991—Subsec. (a). Pub. L. 102–240, § 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, § 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:

§ 403

‘‘(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, § 2003(c), substituted ‘‘subsections (a) and (b)’’ for ‘‘subsection (b)’’.
Subsec. (f). Pub. L. 102–240, § 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, §§ 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, § 208(a), added subsecs.
(b) and (c).
Subsecs. (d) to (f). Pub. L. 93–87, §§ 221, 222, 226(a),
added subsecs. (d) to (f).
EFFECTIVE DATE OF 2012 AMENDMENT
Amendment by Pub. L. 112–141 effective Oct. 1, 2012,
see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note
under section 101 of this title.
EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by section 2003(a), (b) of Pub. L. 109–59 effective Oct. 1, 2005, see section 2022 of Pub. L. 109–59, set
out as a note under section 402 of this title.
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),

TITLE 23—HIGHWAYS

§ 403

see section 3003 of Pub. L. 104–66, as amended, set out
as a note under section 1113 of Title 31, Money and Finance.
RESEARCH ON DISTRACTED, INATTENTIVE, AND FATIGUED
DRIVERS
Pub. L. 109–59, title II, § 2003(d), Aug. 10, 2005, 119 Stat.
1523, provided that: ‘‘In conducting research under section 403(a)(3) of title 23, United States Code, the Secretary [of Transportation] shall carry out not less than
2 demonstration projects to evaluate new and innovative means of combating traffic system problems
caused by distracted, inattentive, or fatigued drivers.
The demonstration projects shall be in addition to any
other research carried out under such section.’’
DRUG-IMPAIRED DRIVING ENFORCEMENT
Pub. L. 109–59, title II, § 2013, Aug. 10, 2005, 119 Stat.
1539, as amended by Pub. L. 111–147, title IV, § 421(m),
Mar. 18, 2010, 124 Stat. 86; Pub. L. 112–30, title I, § 121(m),
Sept. 16, 2011, 125 Stat. 348, related to agency coordination and research on drug-impaired driving enforcement, prior to repeal by Pub. L. 112–141, div. C, title I,
§ 31109(i), July 6, 2012, 126 Stat. 757.
SAFETY STUDIES
Pub. L. 105–178, title II, § 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, § 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—

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‘‘(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
Pub. L. 102–240, title II, § 2006, Dec. 18, 1991, 105 Stat.
2079, 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 U.S.C. App.] 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, § 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.’’

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PILOT GRANT PROGRAM FOR RANDOM TESTING FOR
ILLEGAL DRUG USE
Pub. L. 100–690, title IX, § 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 Sec-

§ 403

retary 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, § 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, § 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, § 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, § 106, Sept. 9, 1966, 80 Stat. 735,
as amended by Pub. L. 105–178, title V, § 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
Pub. L. 93–87, title II, § 208(b), Aug. 13, 1973, 87 Stat.
286, provided that: ‘‘There is authorized to be appro-

§ 404

TITLE 23—HIGHWAYS

priated 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.’’
Pub. L. 93–87, title II, § 226(b), Aug. 13, 1973, 87 Stat.
292, 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.

§ 404. National Highway Safety Advisory Committee
(a)(1) There is established in the Department
of Transportation a National Highway Safety
Advisory Committee, composed of the Secretary
or an officer of the Department appointed by
him, the Federal Highway Administrator, the
National Highway Traffic Safety Administrator,
and thirty-five members appointed by the President, no more than four of whom shall be Federal officers or employees. The Secretary shall
select the Chairman of the Committee from
among the Committee members. The appointed
members, having due regard for the purposes of
this chapter, shall be selected from among representatives of various State and local governments, including State legislatures, of public
and private interests contributing to, affected
by, or concerned with highway safety, including
the national organizations of passenger car, bus,
and truck owners, and of other public and private agencies, organizations, or groups demonstrating an active interest in highway safety,
as well as research scientists and other individuals who are expert in this field.
(2)(A) Each member appointed by the President shall hold office for a term of three years,
except that (i) any member appointed to fill a
vacancy occurring prior to the expiration of the
term for which his predecessor was appointed
shall be appointed for the remainder of such
term, and (ii) the terms of office of members
first taking office after the date of enactment of
this section shall expire as follows: Twelve at
the end of one year after the date such committee members are appointed by the President,
twelve at the end of two years after the date
such committee members are appointed by the
President, and eleven at the end of three years
after the date such committee members are appointed, as designated by the President at the
time of appointment, and (iii) the term of any
member shall be extended until the date on
which the successor’s appointment is effective.
None of the members appointed by the President
who has served a three-year term, other than
Federal officers or employees, shall be eligible
for reappointment within one year following the
end of his preceding term.
(B) Members of the Committee who are not officers or employees of the United States shall,
while attending meetings or conferences of such

Page 284

Committee or otherwise engaged in the business
of such Committee, be entitled to receive compensation at a rate fixed by the Secretary, but
not exceeding $100 per diem, including traveltime, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized in section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b–2)
for persons in the Government service employed
intermittently. Payments under this section
shall not render members of the Committee employees or officials of the United States for any
purpose.
(b) The National Highway Safety Advisory
Committee shall advise, consult with, and make
recommendations to, the Secretary on matters
relating to the activities and functions of the
Department in the field of highway safety. The
Committee is authorized (1) to review research
projects or programs submitted to or recommended by it in the field of highway safety
and recommend to the Secretary, for prosecution under this title, any such projects which it
believes show promise of making valuable contributions to human knowledge with respect to
the cause and prevention of highway accidents;
and (2) to review, prior to issuance, standards
proposed to be issued by order of the Secretary
under the provisions of section 402(a) of this
title and to make recommendations thereon.
Such recommendations shall be published in
connection with the Secretary’s determination
or order.
(c) The National Highway Safety Advisory
Committee shall meet from time to time as the
Secretary shall direct, but at least once each
year.
(d) The Secretary shall provide to the National Highway Safety Committee from among
the personnel and facilities of the Department of
Transportation such staff and facilities as are
necessary to carry out the functions of such
Committee.
(Added Pub. L. 89–564, title I, § 101, Sept. 9, 1966,
80 Stat. 733; amended Pub. L. 90–150, Nov. 24,
1967, 81 Stat. 507; Pub. L. 93–87, title II, § 223,
Aug. 13, 1973, 87 Stat. 292; Pub. L. 94–280, title II,
§ 209, May 5, 1976, 90 Stat. 455; Pub. L. 109–59,
title II, § 2019, Aug. 10, 2005, 119 Stat. 1543.)
REFERENCES IN TEXT
The date of enactment of this section, referred to in
subsec. (a)(2)(A), is Sept. 9, 1966.
Section 5 of the Administrative Expenses Act of 1946
(5 U.S.C. 73b–2), referred to in subsec. (a)(2)(B), was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 632.
Section 7(b) of Pub. L. 89–554 provided that references
to sections of former Title 5, Executive Departments
and Government Officers and Employees, are to be
deemed to be references to corresponding provisions of
Title 5, Government Organization and Employees. Provisions similar to section 73b–2 of former title 5 are now
contained in section 5703 of Title 5, Government Organization and Employees.
AMENDMENTS
2005—Subsec. (d). Pub. L. 109–59 substituted ‘‘Transportation’’ for ‘‘Commerce’’.
1976—Subsec. (a)(1). Pub. L. 94–280 substituted provision for selection by the Secretary of the Chairman of
the Committee from among the Committee members
for prior provision making the Secretary or an officer