25 U.S.C. 402 Highway Safety Programs

§ 402

TITLE 23—HIGHWAYS

formation necessary for authorization of appropriations for continuing safety programs, the results of
such study, estimates and recommendations to be submitted to Congress not later than Jan. 10, 1976.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION;
CREATION; APPOINTMENT OF ADMINISTRATOR AND
DEPUTY ADMINISTRATOR; DUTIES; RETROACTIVE EFFECT

Section 201 of Pub. L. 89–564, as amended by Pub. L.
89–670, § 8(h), Oct. 15, 1966, 80 Stat. 943; Pub. L. 90–83,
§ 10(b), Sept. 11, 1967, 81 Stat. 224; Pub. L. 91–605, title II,
§ 202(a), Dec. 31, 1970, 84 Stat. 1739, which provided for
the creation of National Highway Traffic Safety Administration in the Department of Transportation, was
repealed by Pub. L. 97–449, § 7(b), Jan. 12, 1983, 96 Stat.
2444, and reenacted by section 1(b) of Pub. L. 97–449 as
section 105 of Title 49, Transportation.
ACTING ADMINISTRATOR OF NATIONAL HIGHWAY
TRAFFIC SAFETY ADMINISTRATION
Pub. L. 91–605, title II, § 202(b), Dec. 31, 1970, 84 Stat.
1740, permitted President to authorize any person who
immediately before Dec. 31, 1970, held the office of Director of the National Highway Safety Bureau, to act
as Administrator of the National Highway Traffic Safety Administration until the appointment of the first
Administrator.
ANNUAL REPORT TO CONGRESS ON ADMINISTRATION OF
HIGHWAY SAFETY ACT OF 1966
Section 202 of Pub. L. 89–564, as amended by Pub. L.
93–87, title II, § 224, Aug. 13, 1973, 87 Stat. 292, provided
that:
‘‘(a) The Secretary shall prepare and submit to the
President for transmittal to the Congress on July 1 of
each year a comprehensive report on the administration of the Highway Safety Act of 1966 (including chapter 4 of title 23 of the United States Code) for the preceding calendar year. Such report should include but
not be restricted to (1) a thorough statistical compilation of the accidents and injuries occurring in such
year; (2) a list of all safety standards issued or in effect
in such year; (3) the scope of observance of applicable
Federal standards; (4) a statement of enforcement actions including judicial decisions, settlements, or pending litigation during the year; (5) a summary of all current research grants and contracts together with a description of the problems to be considered by such
grants and contracts; (6) an analysis and evaluation of
completed research activities and technological
progress achieved during such year together with the
relevant policy recommendations flowing therefrom: (7)
the effectiveness of State highway safety program (including local highway safety programs) and (8) the extent to which technical information was being disseminated to the scientific community and consumer-oriented material was made available to the motoring
public.
‘‘(b) The annual report shall also contain such recommendations for additional legislation as the Secretary
deems necessary to promote cooperation among the
several States in the improvement of highway safety
and to strengthen the national highway safety program.’’
[For termination, effective May 15, 2000, of provisions
relating to transmittal of report to Congress in section
202 of Pub. L. 89–564, set out above, see section 3003 of
Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 135
of House Document No. 103–7.]
DETAILED COST ESTIMATE OF HIGHWAY SAFETY ACT OF
1966
Section 207 of Pub. L. 89–564 directed Secretary, in cooperation with the Governors of appropriate State
highway safety agencies, make a detailed estimate of
the cost of carrying out the Highway Safety Act of 1966
in order to provide a basis for evaluating continuing

Page 244

programs under the Act and to furnish Congress information necessary for authorization of appropriations
for fiscal years beginning after June 30, 1969, such estimates to be submitted to Congress not later than Jan.
10, 1968.
INTERSTATE COMPACTS FOR HIGHWAY SAFETY
Pub. L. 85–684, Aug. 20, 1958, 72 Stat. 635, as amended
by Pub. L. 88–466, Aug. 20 1964, 78 Stat. 564, provided:
‘‘That the consent of Congress is hereby given to any
two or more of the several States, and one or more of
the several States and the District of Columbia, to
enter into agreements or compacts—
‘‘(1) for cooperative effort and mutual assistance in
the establishment and carrying out of traffic safety
programs, including, but not limited to, the enactment of uniform traffic laws, driver education and
training, coordination of traffic law enforcement, research into safe automobile and highway design, and
research programs of the human factors affecting
traffic safety, and
‘‘(2) for the establishment of such agencies, joint or
otherwise, as they deem desirable for the establishment and carrying out of such traffic safety programs.’’

§ 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, (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 1 (6) to reduce
accidents resulting from unsafe driving behavior
(including aggressive or fatigued driving and
distracted driving arising from the use of electronic devices in vehicles) 2 (7) 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
1 So
2 So

in original. The word ‘‘and’’ probably should not appear.
in original. Probably should be followed by ‘‘and’’.

Page 245

TITLE 23—HIGHWAYS

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, aggressive driving, fatigued driving, distracted driving, 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);
(D) provide adequate and reasonable access
for the safe and convenient movement of in-

§ 402

dividuals with disabilities, including those
in wheelchairs, across curbs constructed or
replaced on or after July 1, 1976, at all pedestrian crosswalks throughout the State; and
(E) provide satisfactory assurances that
the State will implement activities in support of national highway safety goals to reduce motor vehicle related fatalities that
also reflect the primary data-related crash
factors within a State as identified by the
State highway safety planning process, including—
(i) national law enforcement mobilizations;
(ii) sustained enforcement of statutes addressing impaired driving, occupant protection, and driving in excess of posted
speed limits;
(iii) an annual statewide safety belt use
survey in accordance with criteria established by the Secretary for the measurement of State safety belt use rates to ensure that the measurements are accurate
and representative; and
(iv) development of statewide data systems to provide timely and effective data
analysis to support allocation of highway
safety resources.
(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 photoradar) 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 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 three-quarters of 1 percent of
the total apportionment, except that the appor-

§ 402

TITLE 23—HIGHWAYS

tionment to the Secretary of the Interior shall
not be less than 2 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 Federalaid 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

Page 246

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, § 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

Page 247

TITLE 23—HIGHWAYS

(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

§ 402

the end of such period shall be apportioned in
accordance with the provisions of subsection (c)
of this section.
(l) LAW ENFORCEMENT VEHICULAR PURSUIT
TRAINING.—A State shall actively encourage all
relevant law enforcement agencies in such State
to follow the guidelines established for vehicular
pursuits issued by the International Association
of Chiefs of Police that are in effect on the date
of enactment of this subsection or as revised and
in effect after such date as determined by the
Secretary.
(m) CONSOLIDATION OF GRANT APPLICATIONS.—
The Secretary shall establish an approval process by which a State may apply for all grants
under this chapter for which a single application
process with one annual deadline is appropriate.
The Bureau of Indian Affairs shall establish a
similar simplified process for applications for
grants from Indian tribes under this chapter.
(Added Pub. L. 89–564, title I, § 101, Sept. 9, 1966,
80 Stat. 731; amended Pub. L. 90–495, § 13, Aug. 23,
1968, 82 Stat. 822; Pub. L. 91–605, title II, §§ 202(c),
(d), (e), 203(a), Dec. 31, 1970, 84 Stat. 1740, 1741;
Pub. L. 93–87, title II, §§ 207, 215–217, 219, 228, 229,
231, Aug. 13, 1973, 87 Stat. 285, 290, 293, 294; Pub.
L. 94–280, title II, §§ 204, 208(a), 211, 212, May 5,
1976, 90 Stat. 453, 454, 455; Pub. L. 95–599, title II,
§ 207(a), (b)(1), (c), (d), Nov. 6, 1978, 92 Stat. 2731,
2732; Pub. L. 97–35, title XI, § 1107(c)–(e), Aug. 13,
1981, 95 Stat. 626; Pub. L. 97–424, title II, § 208,
Jan. 6, 1983, 96 Stat. 2140; Pub. L. 98–363, §§ 3(a),
5, July 17, 1984, 98 Stat. 436; Pub. L. 100–17, title
I, § 133(b)(20), title II, § 206, Apr. 2, 1987, 101 Stat.
172, 221; Pub. L. 102–240, title II, § 2002, Dec. 18,
1991, 105 Stat. 2070; Pub. L. 104–66, title I,
§ 1121(d), Dec. 21, 1995, 109 Stat. 724; Pub. L.
105–178, title I, § 1212(a)(2)(A)(i), title II,
§ 2001(a)–(e), June 9, 1998, 112 Stat. 193, 323, 324;
Pub. L. 109–59, title II, § 2002(a)–(d), Aug. 10, 2005,
119 Stat. 1521; Pub. L. 110–244, title III,
§ 303(a)–(c)(1), June 6, 2008, 122 Stat. 1619.)
REFERENCES IN TEXT
This Act, referred to in subsec. (d), probably means
Pub. L. 93–87, Aug. 13, 1973, 87 Stat. 250. For complete
classification of this Act to the Code, see Tables.
The date of enactment of this subsection, referred to
in subsec. (l), is the date of enactment of Pub. L. 109–59,
which was approved Aug. 10, 2005.
AMENDMENTS
2008—Subsec. (b). Pub. L. 110–244, § 303(c)(1)(A), repealed amendment by Pub. L. 109–59, § 2002(b)(2). See
2005 Amendment note below.
Subsec. (b)(1)(E). Pub. L. 110–244, § 303(c)(1)(B), renumbered Pub. L. 109–59, § 2002(b)(1), (3), (4). See 2005 Amendment note below.
Subsec. (c). Pub. L. 110–244, § 303(a), in fifth sentence,
substituted ‘‘The annual apportionment to each State
shall not be less than three-quarters of 1 percent’’ for
‘‘The annual apportionment to each State shall not be
less than one-half of 1 per centum’’.
Subsec. (m). Pub. L. 110–244, § 303(b), in first sentence,
substituted ‘‘for which’’ for ‘‘through’’ and inserted ‘‘is
appropriate’’ before period at end.
2005—Subsec. (a). Pub. L. 109–59, § 2002(a)(4), inserted
‘‘aggressive driving, fatigued driving, distracted driving,’’ after ‘‘school bus accidents,’’ in tenth sentence.
Subsec. (a)(2). Pub. L. 109–59, § 2002(a)(1), struck out
‘‘and to increase public awareness of the benefit of
motor vehicles equipped with airbags’’ before comma at
end.
Subsec. (a)(6), (7). Pub. L. 109–59, § 2002(a)(2), (3), added
cl. (6) and redesignated former cl. (6) as (7).

§ 402

TITLE 23—HIGHWAYS

Subsec. (b). Pub. L. 109–59, § 2002(b)(2), which directed
amendment of subsec. (b)(1) by redesignating cl. (6) as
(7) and could not be executed, was repealed by Pub. L.
110–244, § 303(c)(1)(A).
Subsec. (b)(1)(E). Pub. L. 109–59, § 2002(b)(1)–(3), formerly § 2002(b)(1), (3), (4), as renumbered by Pub. L.
110–244, § 303(c)(1)(B), added subpar. (E).
Subsec. (c). Pub. L. 109–59, § 2002(c)(2), which directed
amendment of subsec. (c) by substituting ‘‘2 percent’’
for ‘‘three-fourths of 1 percent’’ in sixth sentence, was
executed by making the substitution in fifth sentence
to reflect the probable intent of Congress and the
amendment by Pub. L. 109–59, § 2002(c)(1). See below.
Pub. L. 109–59, § 2002(c)(1), struck out second sentence
which read as follows: ‘‘Such funds shall be subject to
a deduction not to exceed 5 per centum for the necessary costs of administering the provisions of this section, and the remainder shall be apportioned among the
several States.’’
Subsecs. (l), (m). Pub. L. 109–59, § 2002(d), added subsecs. (l) and (m).
1998—Subsec. (a). Pub. L. 105–178, § 2001(a), in fourth
sentence, substituted ‘‘(4) to prevent accidents and’’ for
‘‘(4) to’’, in eighth sentence, struck out ‘‘include information obtained by the Secretary under section 4007 of
the Intermodal Surface Transportation Efficiency Act
of 1991 and’’ before ‘‘provide for annual reports to the
Secretary’’, and in twelfth sentence, inserted ‘‘enforcement of light transmission standards of window glazing
for passenger motor vehicles and light trucks as necessary to improve highway safety,’’ before ‘‘and emergency services’’.
Subsec. (b). Pub. L. 105–178, § 2001(b), inserted heading,
redesignated pars. (3) to (5) as (1) to (3), respectively,
substituted ‘‘paragraph (3)’’ for ‘‘paragraph (5)’’ in par.
(1)(C) and ‘‘paragraph (1)(C)’’ for ‘‘paragraph (3)(C)’’ in
par. (2), and struck out former pars. (1) and (2) which
read as follows:
‘‘(b)(1) The Secretary shall not approve any State
highway safety program under this section which does
not—
‘‘(A) provide that the Governor of the State shall be
responsible for the administration of the program
through a State highway safety agency which shall
have adequate powers, and be suitably equipped and
organized to carry out, to the satisfaction of the Secretary, such program.
‘‘(B) authorize political subdivisions of such State
to carry out local highway safety programs within
their jurisdictions as a part of the State highway
safety program if such local highway safety programs
are approved by the Governor and are in accordance
with the uniform guidelines of the Secretary promulgated under this section.
‘‘(C) provide that at least 40 per centum of all Federal funds apportioned under this section to such
State for any fiscal year will be expended by the political subdivisions of such State in carrying out
local highway safety programs authorized in accordance with subparagraph (B) of this paragraph.
‘‘(D) provide adequate and reasonable access for the
safe and convenient movement of physically handicapped persons, including those in wheelchairs,
across curbs constructed or replaced on or after July
1, 1976, at all pedestrian crosswalks throughout the
State.
‘‘(E) provide for programs (which may include financial incentives and disincentives) to encourage
the use of safety belts by drivers of, and passengers
in, motor vehicles.
‘‘(2) The Secretary is authorized to waive the requirement of subparagraph (C) of paragraph (1) of this subsection, in whole or in part, for a fiscal year for any
State whenever he determines that there is an insufficient number of local highway safety programs to justify the expenditure in such State of such percentage of
Federal funds during such fiscal year.’’
Subsec. (c). Pub. L. 105–178, § 2001(c), in sixth sentence, inserted ‘‘the apportionment to the Secretary of
the Interior shall not be less than three-fourths of 1

Page 248

percent of the total apportionment and’’ before ‘‘the
apportionments to the Virgin Islands’’.
Subsec. (d). Pub. L. 105–178, § 1212(a)(2)(A)(i), substituted ‘‘State transportation department’’ for ‘‘State
highway department’’.
Subsec. (i). Pub. L. 105–178, § 2001(d), inserted heading
and amended text of subsec. (i) generally. Prior to
amendment, text read as follows: ‘‘For the purpose of
the application of this section on Indian reservations,
‘State’ and ‘Governor of a State’ includes the Secretary
of the Interior and ‘political subdivision of a State’ includes an Indian tribe: Provided, That, notwithstanding
the provisions of subparagraph (C) of subsection (b)(1)
hereof, 95 per centum of the funds apportioned to the
Secretary of the Interior after date of enactment, shall
be expended by Indian tribes to carry out highway safety programs within their jurisdictions: And provided
further, That the provisions of subparagraph (E) of subsection (b)(1) hereof shall be applicable except in those
tribal jurisdictions in which the Secretary determines
such programs would not be practicable.’’
Subsec. (j). Pub. L. 105–178, § 2001(e), amended heading
and text of subsec. (j) generally. Prior to amendment,
text read as follows: ‘‘The Secretary shall, not later
than September 1, 1987, begin a rulemaking process to
determine those programs most effective in reducing
accidents, injuries, and deaths. Not later than April 1,
1988, the Secretary shall promulgate a final rule establishing those programs determined to be most effective
in reducing accidents, injuries, and deaths. If such rule
is promulgated by April 1, 1988, then it shall take effect
October 1, 1988. If such rule is not promulgated by April
1, 1988, it shall take effect October 1, 1989. After a rule
is promulgated in accordance with this subsection, the
Secretary may from time to time thereafter revise
such rule under a rulemaking process described in the
first sentence of this subsection. Any rule under this
subsection shall be promulgated taking into account
consideration of the States having a major role in establishing programs described in the first sentence of
this subsection. When a rule promulgated in accordance with this subsection takes effect, only those programs established by such rule as most effective in reducing accidents, injuries, and deaths shall be eligible
to receive Federal financial assistance under this section.’’
1995—Subsec. (a). Pub. L. 104–66 struck out after
fourth sentence ‘‘If the Secretary does not designate as
priority programs those programs described in the preceding sentence, the Secretary shall submit to Congress a report describing the reasons for not prioritizing such programs.’’
1991—Subsec. (a). Pub. L. 102–240, § 2002(a), inserted
after third sentence ‘‘In addition, such uniform guidelines shall include programs (1) to reduce injuries and
deaths resulting from motor vehicles being driven in
excess of posted speed limits, (2) to encourage the proper use of occupant protection devices (including the use
of safety belts and child restraint systems) by occupants of motor vehicles and to increase public awareness of the benefit of motor vehicles equipped with airbags, (3) to reduce deaths and injuries resulting from
persons driving motor vehicles while impaired by alcohol or a controlled substance, (4) to reduce deaths and
injuries resulting from accidents involving motor vehicles and motorcycles, (5) to reduce injuries and deaths
resulting from accidents involving school buses, and (6)
to improve law enforcement services in motor vehicle
accident prevention, traffic supervision, and post-accident procedures. If the Secretary does not designate as
priority programs those programs described in the preceding sentence, the Secretary shall submit to Congress a report describing the reasons for not prioritizing such programs. The Secretary shall establish a
highway safety program for the collection and reporting of data on traffic-related deaths and injuries by the
States. Under such program, the States shall collect
and report such data as the Secretary may require. The
purposes of the program are to ensure national uniform
data on such deaths and injuries and to allow the Sec-

Page 249

TITLE 23—HIGHWAYS

retary to make determinations for use in developing
programs to reduce such deaths and injuries and making recommendations to Congress concerning legislation necessary to implement such programs. The program shall include information obtained by the Secretary under section 4007 of the Intermodal Surface
Transportation Efficiency Act of 1991 and provide for
annual reports to the Secretary on the efforts being
made by the States in reducing deaths and injuries occurring at highway construction sites and the effectiveness and results of such efforts. The Secretary shall establish minimum reporting criteria for the program.
Such criteria shall include, but not be limited to, criteria on deaths and injuries resulting from police pursuits, school bus accidents, and speeding, on traffic-related deaths and injuries at highway construction sites
and on the configuration of commercial motor vehicles
involved in motor vehicle accidents.’’
Subsec. (b)(3) to (5). Pub. L. 102–240, § 2002(b), added
pars. (3) to (5).
Subsec. (d). Pub. L. 102–240, § 2002(c), substituted ‘‘National Highway System’’ for ‘‘Federal-aid primary’’.
1987—Subsec. (a). Pub. L. 100–17, § 206(a), (b), substituted ‘‘guidelines’’ for ‘‘standards’’ wherever appearing and struck out provisions authorizing the Secretary to temporarily amend or waive standards in public interest for purpose of evaluating new or different
highway safety programs instituted on an experimental, pilot or demonstration basis.
Subsec. (b)(1)(B). Pub. L. 100–17, § 206(a), substituted
‘‘guidelines’’ for ‘‘standards’’.
Subsec. (b)(1)(D) to (F). Pub. L. 100–17, § 206(c), redesignated subpars. (E) and (F) as (D) and (E), respectively, and struck out former subpar. (D) which read as
follows: ‘‘provide for comprehensive driver training
programs, including (1) the initiation of a State program for driver education in the school systems or for
a significant expansion and improvement of such a program already in existence, to be administered by appropriate school officials under the supervision of the Governor as set forth in subparagraph (A) of this paragraph; (2) the training of qualified school instructors
and their certification; (3) appropriate regulation of
other driver training schools, including licensing of the
schools and certification of their instructors; (4) adult
driver training programs, and programs for the retraining of selected drivers; (5) adequate research, development and procurement of practice driving facilities,
simulators, and other similar teaching aids for both
school and other driver training use, and (6) driver education programs, including research, that will assure
greater safety for bicyclists using public roads in such
State.’’
Subsec. (c). Pub. L. 100–17, §§ 133(b)(20), 206(a), substituted ‘‘Such’’ for ‘‘For the fiscal years ending June
30, 1967, June 30, 1968, and June 30, 1969, such funds shall
be apportioned 75 per centum on the basis of population
and 25 per centum as the Secretary in his administrative discretion may deem appropriate and thereafter
such’’, ‘‘American Samoa, and the Commonwealth of
the Northern Mariana Islands’’ for ‘‘and American
Samoa’’, ‘‘The Secretary shall’’ for ‘‘After December 31,
1969, the Secretary shall’’, and ‘‘guideline’’ for ‘‘standard’’ wherever appearing.
Subsecs. (e) to (g). Pub. L. 100–17, § 206(a), substituted
‘‘guidelines’’ for ‘‘standards’’.
Subsec. (j). Pub. L. 100–17, § 206(d), amended subsec. (j)
generally. Prior to amendment, subsec. (j) read as follows: ‘‘The Secretary of Transportation shall, not later
than September 1, 1981, begin a rulemaking process to
determine those programs most effective in reducing
accidents, injuries, and deaths. Such rule shall be promulgated taking into account consideration of the
States having a major role in establishing these programs. Not later than April 1, 1982, the Secretary shall
promulgate a final rule establishing those programs determined most effective in reducing accidents, injuries,
and deaths. Before such rule shall take effect, it shall
be transmitted to Congress. If such rule is not transmitted by April 1, 1982, it shall not take effect before

§ 402

October 1, 1983. If such rule is transmitted by April 1,
1982, it shall take effect October 1, 1982, unless before
June 1, 1982, either House of Congress by resolution disapproves such rule. If such rule is disapproved by either
House of Congress, the Secretary shall not apportion or
obligate any amount authorized to carry out this section for the fiscal year ending September 30, 1983, or
any subsequent fiscal year, unless specifically authorized to do so by a statute enacted after the date of enactment of the Omnibus Budget Reconciliation Act of
1981. When a rule promulgated in accordance with this
subsection takes effect, only those programs established by such rule as most effective in reducing accidents, injuries, and deaths shall be eligible to receive
Federal financial assistance under this chapter.’’
1984—Subsec. (c). Pub. L. 98–363, § 3(a), inserted
‘‘, except that the apportionments to the Virgin Islands, Guam, and American Samoa shall be not less
than one-quarter of 1 per centum of the total apportionment’’ in sixth sentence.
Subsec. (k). Pub. L. 98–363, § 5, added subsec. (k).
1983—Subsec. (c). Pub. L. 97–424 struck out provision
that apportionments to Virgin Islands, Guam, and
American Samoa were not to be less than one third of
1 per centum of total apportionment from provision relating to the minimum apportionment for each State.
1981—Subsec. (b)(1). Pub. L. 97–35, § 1107(e), struck out
subpar. (D) which related to aggregate expenditure of
funds, and redesignated subpars. (E) to (G) as (D) to (F),
respectively.
Subsec. (h). Pub. L. 97–35, § 1107(c), struck out subsec.
(h) which related to continuation in effect of uniform
safety standards promulgated on or before July 1, 1973.
Subsec. (j). Pub. L. 97–35, § 1107(d), substituted provisions requiring the Secretary to begin by Sept. 1, 1981,
a rulemaking process to determine the most effective
programs to reduce accidents, injuries, and deaths, and
procedures applicable to the process, for provisions authorizing the Secretary to make incentive grants to
States most progressive in reducing traffic fatalities,
criteria, duration, etc., of such grants, and authorization of appropriations.
1978—Subsec. (a). Pub. L. 95–599, § 207(a), inserted ‘‘including, but not limited to, such programs for identifying accident causes, adopting measures to reduce accidents, and evaluating effectiveness of such measures’’
after ‘‘one or more States’’.
Subsec. (b)(1)(A). Pub. L. 95–599, § 207(b)(1), substituted ‘‘State highway safety agency’’ for ‘‘State
agency’’.
Subsec. (b)(1)(G). Pub. L. 95–599, § 207(c), added subpar.
(G).
Subsec. (d). Pub. L. 95–599, § 207(d), inserted ‘‘(other
than planning and administration)’’ after ‘‘State highway safety program’’ and ‘‘(other than one for planning
or administration)’’ after ‘‘cost of any project under
this section’’.
1976—Subsec. (c), sixth sentence. Pub. L. 94–280, § 211,
inserted exception provision requirement that the apportionments to the Virgin Islands, Guam, and American Samoa be not less than one-third of 1 per centum
of the total apportionment.
Subsec. (c), eighth and ninth sentences. Pub. L.
94–280, § 208(a), inserted eighth and ninth sentences: excluding from any highway safety program approved by
the Secretary any requirement that a State implement
a Federal safety helmet wearing standard for operators
or passengers of motorcycles by adopting or enforcing
any law, rule, or regulation based on the Federal standard, and authorizing State implementation of a highway safety program without compliance with every
uniform standard in every State; and deleted prior
eighth, ninth, and tenth sentences providing for: a 10
per centum reduction of funds apportioned to a State
on or after January 1, 1970, for nonimplementation of a
highway safety program approved by the Secretary
during such a period; suspension of application of such
provision during necessary periods when in the public
interest; and reapportionment of withheld amounts to
other States in accordance with applicable provisions

§ 402

TITLE 23—HIGHWAYS

of law, now covered in the tenth through thirteenth
sentences.
Subsec. (c), tenth through thirteenth sentences. Pub.
L. 94–280, § 212, inserted provisions for: a 50 per centum
reduction of funds apportioned to a State during time
of absence or nonimplementation of a highway safety
program; gravity rule in determining amount of reduction of funds; apportionment to a State of withheld
funds prior to the end of the fiscal year for which the
funds were withheld in event of approval of or State
implementation of a highway safety program; and for
reapportionment of funds to other States in accordance
with the prescribed formula not later than 30 days after
determination of absence of correction by a State,
similar provisions being formerly covered in prior
eighth, ninth, and tenth sentences providing for: a 10
per centum reduction of funds apportioned to a State
on or after January 1, 1970, for nonimplementation of a
highway safety program approved by the Secretary
during such a period; suspension of application of such
provision during necessary periods when in the public
interest; and reapportionment of withheld amounts to
other States in accordance with applicable provisions
of law.
Subsec. (j)(3) to (5). Pub. L. 94–280, § 204, added par. (3)
provisions respecting incentive safety grants, struck
out prior par. (3) provisions limiting incentive awards
authorized by this section to 25 per centum of each
State’s apportionment as authorized by this chapter,
and added pars. (4) and (5).
1973—Subsec. (a). Pub. L. 93–87, § 231(a), provided for
promulgation of uniform standards so as to improve bicycle safety.
Subsec. (b)(1)(E)(6). Pub. L. 93–87, § 231(b), added item
(6) of subpar. (E).
Subsec. (b)(1)(F). Pub. L. 93–87, § 228, added subpar.
(F).
Subsec. (c). Pub. L. 93–87, §§ 215–217, provided for use
of funds for development and implementation of manpower training programs, and of demonstration programs that the Secretary determines will contribute
directly to the reduction of accidents, and deaths and
injuries resulting therefrom and inserted ‘‘Such funds’’
before ‘‘shall be subject to a deduction’’; provided for
the determination of public road mileage as of the end
of the calendar year preceding the year in which the
funds are apportioned and shall be certified to by the
Governor of the State and subject to approval by the
Secretary; and increased the annual apportionment to
each State from ‘‘one-third of 1 per centum’’ to ‘‘onehalf of 1 per centum’’ of the total apportionment, respectively.
Subsec. (d). Pub. L. 93–87, § 207(b), inserted at end of
first sentence provision that in the case of a local highway safety program carried out by an Indian tribe, if
the Secretary is satisfied that an Indian tribe does not
have sufficient funds available to meet the non-Federal
share of the cost of such program, he may increase the
Federal share of the cost thereof payable under this
Act to the extent necessary.
Subsec. (h). Pub. L. 93–87, § 229, substituted provisions
for continuation of uniform safety standards promulgated under this section on or before July 1, 1973, unless
otherwise specifically provided by law enacted after
Aug. 13, 1973, and prohibiting the Secretary from promulgating any other uniform safety standard under
this section (including by revision of a standard continued in effect by the preceding sentence) unless
otherwise specifically provided by law enacted after
Aug. 13, 1973, for former prohibition against promulgation of any other uniform safety standard unless at
least 90 days prior to the effective date of such standard the Secretary shall have submitted such standard
to Congress, except in the case of State safety program
elements with respect to which uniform standards have
been promulgated by the Secretary before Dec. 31, 1970.
Subsec. (i). Pub. L. 93–87, § 207(a), added subsec. (i).
Subsec. (j). Pub. L. 93–87, § 219, added subsec. (j).
1970—Subsec. (b)(1)(A). Pub. L. 91–605, § 203(A), required the Governor of a State be responsible for the

Page 250

administration of the State highway safety program
through a State agency suitably organized and possessed of adequate powers to carry out such programs
to the satisfaction of the Secretary.
Subsec. (c). Pub. L. 91–605, § 202(c), provided a formula
for apportionments to States, after June 30, 1969, to
carry out this section, whereby 75% of the appropriation is based on the ratio which the population of each
State bears to the total population of all the States
and 25% of the appropriation is based on the ratio
which the public road mileage in each State bears to
the total public road mileage in all States, defined
‘‘public road’’, provided the annual apportionment to
each State not to be less than one-third of 1% of the
total apportionment, struck out provisions authorizing
appropriations after June 30, 1969 to be apportioned as
Congress shall provide and struck out provisions mandating the Secretary to report to Congress his recommendations for a nondiscretionary formula of apportionment for the fiscal year ending June 30, 1970, and
the fiscal years thereafter.
Subsec. (d). Pub. L. 91–605, § 202(d), provided that the
aggregate of all expenditures made during any fiscal
year by a State and its political subdivisions for carrying out the State highway safety program be available
for crediting such State for the non-Federal share of
the cost of any project under this section without regard to whether such expenditures were actually made
in connection with such project.
Subsec. (h). Pub. L. 91–605, § 202(e), added subsec. (h).
1968—Subsec. (c). Pub. L. 90–495 substituted ‘‘December 31, 1969’’ for ‘‘December 31, 1968’’ as the last day on
which the Secretary may apportion funds to States
which are not implementing highway safety programs
approved by the Secretary and substituted ‘‘January 1,
1970’’ for ‘‘January 1, 1969’’ as the date after which
funds apportioned to States not having approved safety
programs shall be reduced until a safety program is implemented.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by sections 101(s)(2) and 303(c)(1) of Pub.
L. 110–244 effective as of the date of enactment of Pub.
L. 109–59 (Aug. 10, 2005) and to be treated as included in
Pub. L. 109–59 as of that date, and provisions of Pub. L.
109–59, as in effect on the day before June 6, 2008, that
are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a
note under section 101 of this title.
Pub. L. 110–244, title III, § 303(a), June 6, 2008, 122 Stat.
1619, provided that the amendment made by section
303(a) is effective Oct. 1, 2007.
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109–59, title II, § 2022, Aug. 10, 2005, 119 Stat.
1544, provided that: ‘‘Sections 2002 through 2007 of this
title [amending this section and sections 403, 405, 406,
408, and 410 of this title and enacting provisions set out
as notes under sections 403 and 410 of this title] (and
the amendments and repeals made by such sections)
shall take effect October 1, 2005.’’
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 sec-

Page 251

TITLE 23—HIGHWAYS

tion 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.
SAFE ROUTES TO SCHOOL PROGRAM
Pub. L. 109–59, title I, § 1404, Aug. 10, 2005, 119 Stat.
1228, as amended by Pub. L. 110–244, § 101(s)(2), June 6,
2008, 122 Stat. 1577, provided that:
‘‘(a) ESTABLISHMENT.—Subject to the requirements of
this section, the Secretary [of Transportation] shall establish and carry out a safe routes to school program
for the benefit of children in primary and middle
schools.
‘‘(b) PURPOSES.—The purposes of the program shall
be—
‘‘(1) to enable and encourage children, including
those with disabilities, to walk and bicycle to school;
‘‘(2) to make bicycling and walking to school a
safer and more appealing transportation alternative,
thereby encouraging a healthy and active lifestyle
from an early age; and
‘‘(3) to facilitate the planning, development, and
implementation of projects and activities that will
improve safety and reduce traffic, fuel consumption,
and air pollution in the vicinity of schools.
‘‘(c) APPORTIONMENT OF FUNDS.—
‘‘(1) IN GENERAL.—Subject to paragraphs (2), (3), and
(4), amounts made available to carry out this section
for a fiscal year shall be apportioned among the
States in the ratio that—
‘‘(A) the total student enrollment in primary and
middle schools in each State; bears to
‘‘(B) the total student enrollment in primary and
middle schools in all States.
‘‘(2) MINIMUM APPORTIONMENT.—No State shall receive an apportionment under this section for a fiscal
year of less than $1,000,000.
‘‘(3) SET-ASIDE FOR ADMINISTRATIVE EXPENSES.—Before apportioning under this subsection amounts
made available to carry out this section for a fiscal
year, the Secretary [of Transportation] shall set
aside not more than $3,000,000 of such amounts for the
administrative expenses of the Secretary in carrying
out this subsection.
‘‘(4) DETERMINATION OF STUDENT ENROLLMENTS.—Determinations under this subsection concerning student enrollments shall be made by the Secretary.
‘‘(d) ADMINISTRATION OF AMOUNTS.—Amounts apportioned to a State under this section shall be administered by the State’s department of transportation.
‘‘(e) ELIGIBLE RECIPIENTS.—Amounts apportioned to a
State under this section shall be used by the State to
provide financial assistance to State, local, tribal, and
regional agencies, including nonprofit organizations,
that demonstrate an ability to meet the requirements
of this section.
‘‘(f) ELIGIBLE PROJECTS AND ACTIVITIES.—
‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.—

§ 402

‘‘(A) IN GENERAL.—Amounts apportioned to a
State under this section may be used for the planning, design, and construction of infrastructure-related projects that will substantially improve the
ability of students to walk and bicycle to school,
including sidewalk improvements, traffic calming
and speed reduction improvements, pedestrian and
bicycle crossing improvements, on-street bicycle
facilities, off-street bicycle and pedestrian facilities, secure bicycle parking facilities, and traffic diversion improvements in the vicinity of schools.
‘‘(B) LOCATION OF PROJECTS.—Infrastructure-related projects under subparagraph (A) may be carried
out on any public road or any bicycle or pedestrian
pathway or trail in the vicinity of schools.
‘‘(2) NONINFRASTRUCTURE-RELATED ACTIVITIES.—
‘‘(A) IN GENERAL.—In addition to projects described in paragraph (1), amounts apportioned to a
State under this section may be used for noninfrastructure-related activities to encourage walking
and bicycling to school, including public awareness
campaigns and outreach to press and community
leaders, traffic education and enforcement in the
vicinity of schools, student sessions on bicycle and
pedestrian safety, health, and environment, and
funding for training, volunteers, and managers of
safe routes to school programs.
‘‘(B) ALLOCATION.—Not less than 10 percent and
not more than 30 percent of the amount apportioned to a State under this section for a fiscal year
shall be used for noninfrastructure-related activities under this subparagraph.
‘‘(3) SAFE ROUTES TO SCHOOL COORDINATOR.—Each
State receiving an apportionment under this section
for a fiscal year shall use a sufficient amount of the
apportionment to fund a full-time position of coordinator of the State’s safe routes to school program.
‘‘(g) CLEARINGHOUSE.—
‘‘(1) IN GENERAL.—The Secretary [of Transportation] shall make grants to a national nonprofit organization engaged in promoting safe routes to
schools to—
‘‘(A) operate a national safe routes to school
clearinghouse;
‘‘(B) develop information and educational programs on safe routes to school; and
‘‘(C) provide technical assistance and disseminate
techniques and strategies used for successful safe
routes to school programs.
‘‘(2) FUNDING.—The Secretary shall carry out this
subsection using amounts set aside for administrative expenses under subsection (c)(3).
‘‘(h) TASK FORCE.—
‘‘(1) IN GENERAL.—The Secretary [of Transportation] shall establish a national safe routes to
school task force composed of leaders in health,
transportation, and education, including representatives of appropriate Federal agencies, to study and
develop a strategy for advancing safe routes to school
programs nationwide.
‘‘(2) REPORT.—Not later than March 31, 2006, the
Secretary shall submit to Congress a report containing the results of the study conducted, and a description of the strategy developed, under paragraph (1)
and information regarding the use of funds for infrastructure-related and noninfrastructure-related activities under paragraphs (1) and (2) of subsection (f).
‘‘(3) FUNDING.—The Secretary shall carry out this
subsection using amounts set aside for administrative expenses under subsection (c)(3).
‘‘(i) APPLICABILITY OF TITLE 23.—Funds made available to carry out this section 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 such funds shall not be transferable
and shall remain available until expended, and the Federal share of the cost of a project or activity under this
section shall be 100 percent.
‘‘(j) TREATMENT OF PROJECTS.—Notwithstanding any
other provision of law, projects assisted under this sub-

TITLE 23—HIGHWAYS

§ 402

section shall be treated as projects on a Federal-aid
system under chapter 1 of title 23, United States Code.
‘‘(k) DEFINITIONS.—In this section, the following definitions apply:
‘‘(1) IN THE VICINITY OF SCHOOLS.—The term ‘in the
vicinity of schools’ means, with respect to a school,
the area within bicycling and walking distance of the
school (approximately 2 miles).
‘‘(2) PRIMARY AND MIDDLE SCHOOLS.—The term ‘primary and middle schools’ means schools providing
education from kindergarten through eighth grade.’’
ROADWAY SAFETY
Pub. L. 109–59, title I, § 1411, Aug. 10, 2005, 119 Stat.
1234, provided that:
‘‘(a) ROAD SAFETY.—
‘‘(1) IN GENERAL.—The Secretary [of Transportation] shall enter into an agreement to assist in the
activities of a national nonprofit organization that is
dedicated solely to improving public road safety—
‘‘(A) by improving the quality of data pertaining
to public road hazards and design features that affect or increase the severity of motor vehicle crashes;
‘‘(B) by developing and carrying out a public
awareness campaign to educate State and local
transportation officials, public safety officials, and
motorists regarding the extent to which public road
hazards and design features are a factor in motor
vehicle crashes; and
‘‘(C) by promoting public road safety research and
technology transfer activities.
‘‘(2) FUNDING.—There is authorized to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) $500,000 for each of fiscal years
2006 through 2009 to carry out this subsection.
‘‘(3) APPLICABILITY OF TITLE 23.—Funds made available 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.
‘‘(b) BICYCLE AND PEDESTRIAN SAFETY GRANTS.—
‘‘(1) IN GENERAL.—The Secretary [of Transportation] 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.
‘‘(2) FUNDING.—There is authorized to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) $300,000 for fiscal year 2005 and
$500,000 for each of fiscal years 2006 through 2009 to
carry out this subsection.
‘‘(3) APPLICABILITY OF TITLE 23.—Funds made available 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.’’
GRANT PROGRAM TO PROHIBIT RACIAL PROFILING
Pub. L. 109–59, title I, § 1906, Aug. 10, 2005, 119 Stat.
1468, provided that:
‘‘(a) GRANTS.—Subject to the requirements of this
section, the Secretary [of Transportation] shall make
grants to a State that—
‘‘(1)(A) has enacted and is enforcing a law that prohibits the use of racial profiling in the enforcement
of State laws regulating the use of Federal-aid highways; and
‘‘(B) is maintaining and allows public inspection of
statistical information for each motor vehicle stop
made by a law enforcement officer on a Federal-aid
highway in the State regarding the race and ethnicity of the driver and any passengers; or

Page 252

‘‘(2) provides assurances satisfactory to the Secretary that the State is undertaking activities to
comply with the requirements of paragraph (1).
‘‘(b) ELIGIBLE ACTIVITIES.—A grant received by a
State under subsection (a) shall be used by the State—
‘‘(1) in the case of a State eligible under subsection
(a)(1), for costs of—
‘‘(A) collecting and maintaining of data on traffic
stops;
‘‘(B) evaluating the results of the data; and
‘‘(C) developing and implementing programs to
reduce the occurrence of racial profiling, including
programs to train law enforcement officers; and
‘‘(2) in the case of a State eligible under subsection
(a)(2), for costs of—
‘‘(A) activities to comply with the requirements
of subsection (a)(1); and
‘‘(B) any eligible activity under paragraph (1).
‘‘(c) RACIAL PROFILING.—
‘‘(1) IN GENERAL.—To meet the requirement of subsection (a)(1), a State law shall prohibit, in the enforcement of State laws regulating the use of Federal-aid highways, a State or local law enforcement
officer from using the race or ethnicity of the driver
or passengers to any degree in making routine or
spontaneous law enforcement decisions, such as ordinary traffic stops on Federal-aid highways.
‘‘(2) LIMITATION.—Nothing in this subsection shall
alter the manner in which a State or local law enforcement officer considers race or ethnicity whenever there is trustworthy information, relevant to
the locality or time frame, that links persons of a
particular race or ethnicity to an identified criminal
incident, scheme, or organization.
‘‘(d) LIMITATIONS.—
‘‘(1) MAXIMUM AMOUNT OF GRANTS.—The total
amount of grants made to a State under this section
in a fiscal year may not exceed 5 percent of the
amount made available to carry out this section in
the fiscal year.
‘‘(2) ELIGIBILITY.—A State may not receive a grant
under subsection (a)(2) in more than 2 fiscal years.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section
$7,500,000 for each of fiscal years 2005 through 2009.
‘‘(2) CONTRACT AUTHORITY.—Funds authorized by
this subsection shall be available for obligation in
the same manner as if the funds were apportioned
under chapter 1 of title 23, United States Code, except
the Federal share of the cost of activities carried out
using such funds shall be 80 percent, and such funds
shall remain available until expended and shall not
be transferable.’’
HIGH VISIBILITY ENFORCEMENT PROGRAM
Pub. L. 109–59, title II, § 2009, Aug. 10, 2005, 119 Stat.
1535, as amended by Pub. L. 111–147, title IV, § 421(h)(1),
Mar. 18, 2010, 124 Stat. 85; Pub. L. 112–30, title I,
§ 121(h)(1), Sept. 16, 2011, 125 Stat. 347, provided that:
‘‘(a) IN GENERAL.—The Administrator of the National
Highway Traffic Safety Administration shall establish
and administer a program under which at least 2 highvisibility traffic safety law enforcement campaigns will
be carried out for the purposes specified in subsection
(b) in each of years 2006 through 2012.
‘‘(b) PURPOSE.—The purpose of each law enforcement
campaign under this section shall be to achieve either
or both of the following objectives:
‘‘(1) Reduce alcohol-impaired or drug-impaired operation of motor vehicles.
‘‘(2) Increase use of seat belts by occupants of
motor vehicles.
‘‘(c) ADVERTISING.—The Administrator may use, or
authorize the use of, funds available to carry out this
section to pay for the development, production, and use
of broadcast and print media advertising in carrying
out traffic safety law enforcement campaigns under
this section. Consideration shall be given to advertising

Page 253

TITLE 23—HIGHWAYS

directed at non-English speaking populations, including those who listen, read, or watch nontraditional
media.
‘‘(d) COORDINATION WITH STATES.—The Administrator
shall coordinate with the States in carrying out the
traffic safety law enforcement campaigns under this
section, including advertising funded under subsection
(c), with a view to—
‘‘(1) relying on States to provide the law enforcement resources for the campaigns out of funding
available under this section and sections 402, 405, 406,
and 410 of title 23, United States Code; and
‘‘(2) providing out of National Highway Traffic
Safety Administration resources most of the means
necessary for national advertising and education efforts associated with the law enforcement campaigns.
‘‘(e) USE OF FUNDS.—Funds made available to carry
out this section may only be used for activities described in subsections (a), (c), and (f).
‘‘(f) ANNUAL EVALUATION.—The Secretary [of Transportation] shall conduct an annual evaluation of the effectiveness of campaigns referred to in subsection (a).
‘‘(g) STATE DEFINED.—The term ‘State’ has the meaning such term has under section 401 of title 23, United
States Code.’’
MOTORCYCLIST SAFETY
Pub. L. 109–59, title II, § 2010, Aug. 10, 2005, 119 Stat.
1535, as amended by Pub. L. 111–147, title IV, § 421(i)(1),
Mar. 18, 2010, 124 Stat. 85; Pub. L. 112–30, title I,
§ 121(i)(1), Sept. 16, 2011, 125 Stat. 347, provided that:
‘‘(a) AUTHORITY TO MAKE GRANTS.—Subject to the requirements of this section, the Secretary [of Transportation] shall make grants to States that adopt and implement effective programs to reduce the number of
single- and multi-vehicle crashes involving motorcyclists.
‘‘(b) MAINTENANCE OF EFFORT.—No grant may be
made to a State under this section in a fiscal year unless the State enters into such agreements with the
Secretary [of Transportation] as the Secretary may require to ensure that the State will maintain its aggregate expenditures from all the other sources for motorcyclist safety training programs and motorcyclist
awareness programs at or above the average level of
such expenditures in its 2 fiscal years preceding the
date of enactment of this Act [Aug. 10, 2005].
‘‘(c) ALLOCATION.—The amount of a grant made to a
State for a fiscal year under this section may not be
less than $100,000 and may not exceed 25 percent of the
amount apportioned to the State for fiscal year 2003
under section 402 of title 23, United States Code.
‘‘(d) GRANT ELIGIBILITY.—
‘‘(1) IN GENERAL.—A State becomes eligible for a
grant under this section by adopting or demonstrating to the satisfaction of the Secretary [of Transportation]—
‘‘(A) for the first fiscal year for which the State
will receive a grant under this section, at least 1 of
the 6 criteria listed in paragraph (2); and
‘‘(B) for the second, third, fourth, fifth, sixth, and
seventh fiscal years for which the State will receive
a grant under this section, at least 2 of the 6 criteria listed in paragraph (2).
‘‘(2) CRITERIA.—The criteria for eligibility for a
grant under this section are the following:
‘‘(A) MOTORCYCLE RIDER TRAINING COURSES.—An
effective motorcycle rider training course that is
offered throughout the State, provides a formal
program of instruction in accident avoidance and
other safety-oriented operational skills to motorcyclists and that may include innovative training opportunities to meet unique regional needs.
‘‘(B) MOTORCYCLISTS AWARENESS PROGRAM.—An effective statewide program to enhance motorist
awareness of the presence of motorcyclists on or
near roadways and safe driving practices that avoid
injuries to motorcyclists.
‘‘(C) REDUCTION OF FATALITIES AND CRASHES INVOLVING MOTORCYCLES.—A reduction for the preced-

§ 402

ing calendar year in the number of motorcycle fatalities and the rate of motor vehicle crashes involving motorcycles in the State (expressed as a
function of 10,000 motorcycle registrations).
‘‘(D) IMPAIRED DRIVING PROGRAM.—Implementation of a statewide program to reduce impaired
driving, including specific measures to reduce impaired motorcycle operation.
‘‘(E) REDUCTION OF FATALITIES AND ACCIDENTS INVOLVING IMPAIRED MOTORCYCLISTS.—A reduction for
the preceding calendar year in the number of fatalities and the rate of reported crashes involving
alcohol- or drug-impaired motorcycle operators (expressed as a function of 10,000 motorcycle registrations).
‘‘(F) FEES COLLECTED FROM MOTORCYCLISTS.—All
fees collected by the State from motorcyclists for
the purposes of funding motorcycle training and
safety programs will be used for motorcycle training and safety programs.
‘‘(e) ELIGIBLE USES.—
‘‘(1) IN GENERAL.—A State may use funds from a
grant under this section only for motorcyclist safety
training and motorcyclist awareness programs, including—
‘‘(A) improvements to motorcyclist safety training curricula;
‘‘(B) improvements in program delivery of motorcycle training to both urban and rural areas, including—
‘‘(i) procurement or repair of practice motorcycles;
‘‘(ii) instructional materials;
‘‘(iii) mobile training units; and
‘‘(iv) leasing or purchasing facilities for closedcourse motorcycle skill training;
‘‘(C) measures designed to increase the recruitment or retention of motorcyclist safety training
instructors; and
‘‘(D) public awareness, public service announcements, and other outreach programs to enhance
driver awareness of motorcyclists, such as the
‘share-the-road’ safety messages developed under
subsection (g).
‘‘(2) SUBALLOCATIONS OF FUNDS.—An agency of a
State that receives a grant under this section may
suballocate funds from the grant to a nonprofit organization incorporated in that State to carry out
under this section.
‘‘(f) DEFINITIONS.—In this section, the following definitions apply:
‘‘(1) MOTORCYCLIST SAFETY TRAINING.—The term
‘motorcyclist safety training’ means a formal program of instruction that is approved for use in a
State by the designated State authority having jurisdiction over motorcyclist safety issues, which may
include the State motorcycle safety administrator or
a motorcycle advisory council appointed by the Governor of the State.
‘‘(2) MOTORCYCLIST AWARENESS.—The term ‘motorcyclist awareness’ means individual or collective
awareness of—
‘‘(A) the presence of motorcycles on or near roadways; and
‘‘(B) safe driving practices that avoid injury to
motorcyclists.
‘‘(3) MOTORCYCLIST AWARENESS PROGRAM.—The term
‘motorcyclist awareness program’ means an informational or public awareness program designed to enhance motorcyclist awareness that is developed by or
in coordination with the designated State authority
having jurisdiction over motorcyclist safety issues,
which may include the State motorcycle safety administrator or a motorcycle advisory council appointed by the Governor of the State.
‘‘(4) STATE.—The term ‘State’ has the same meaning such term has in section 101(a) of title 23, United
States Code.
‘‘(g) SHARE-THE-ROAD MODEL LANGUAGE.—Not later
than 1 year after the date of enactment of this Act

TITLE 23—HIGHWAYS

§ 402

[Aug. 10, 2005], the Secretary [of Transportation], in
consultation with the Administrator of the National
Highway Traffic Safety Administration, shall develop
and provide to the States model language for use in
traffic safety education courses, driver’s manuals, and
other driver’s training materials instructing the drivers of motor vehicles on the importance of sharing the
roads safely with motorcyclists.’’
FIRST RESPONDER VEHICLE SAFETY PROGRAM
Pub. L. 109–59, title II, § 2014, Aug. 10, 2005, 119 Stat.
1540, provided that:
‘‘(a) IN GENERAL.—Not later than 1 year after the
date of enactment of this Act [Aug. 10, 2005], the Secretary [of Transportation], in consultation with the
Administrator of the National Highway Traffic Safety
Administration, should—
‘‘(1) develop and implement a comprehensive program to promote compliance with State and local
laws intended to increase the safe and efficient operation of first responder vehicles;
‘‘(2) compile a list of best practices by State and
local governments to promote compliance with the
laws described in paragraph (1);
‘‘(3) analyze State and local laws intended to increase the safe and efficient operation of first responder vehicles; and
‘‘(4) develop model legislation to increase the safe
and efficient operation of first responder vehicles.
‘‘(b) PARTNERSHIPS.—The Secretary [of Transportation] may enter into partnerships with qualified organizations to carry out this section.
‘‘(c) PUBLIC OUTREACH.—The Secretary [of Transportation] shall use a variety of public outreach strategies
to carry out this section, including public service announcements, publication of informational materials,
and posting information on the Internet.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary [of
Transportation] such sums as may be necessary to
carry out this section for fiscal year 2006.’’
LAW ENFORCEMENT TRAINING
Pub. L. 109–59, title II, § 2017(b), Aug. 10, 2005, 119 Stat.
1542, as amended by Pub. L. 111–147, title IV, § 421(n)(2),
Mar. 18, 2010, 124 Stat. 86; Pub. L. 112–30, title I,
§ 121(n)(2), Sept. 16, 2011, 125 Stat. 348, provided that:
‘‘(1) REQUIREMENT FOR PROGRAM.—The Secretary [of
Transportation] shall carry out a program to provide
guidance and support to law enforcement agencies in
police chase techniques that are consistent with the police chase guidelines issued by the International Association of Chiefs of Police.
‘‘(2) AMOUNT FOR PROGRAM.—Of the funds made available to carry out section 403 of title 23, United States
Code, the Secretary shall allocate $500,000 in each of fiscal years 2006 through 2012 to carry out this subsection.’’

Page 254

Stat. 481; Pub. L. 108–224, § 4(a)(8), Apr. 30, 2004, 118 Stat.
629; Pub. L. 108–263, § 4(a)(8), June 30, 2004, 118 Stat. 700;
Pub. L. 108–280, § 4(a)(8), July 30, 2004, 118 Stat. 879; Pub.
L. 108–310, § 5(a)(8), Sept. 30, 2004, 118 Stat. 1149; Pub. L.
109–14, § 4(a)(8), May 31, 2005, 119 Stat. 326; Pub. L. 109–20,
§ 4(a)(8), July 1, 2005, 119 Stat. 348; Pub. L. 109–35,
§ 4(a)(8), July 20, 2005, 119 Stat. 381; Pub. L. 109–37,
§ 4(a)(8), July 22, 2005, 119 Stat. 396; Pub. L. 109–40,
§ 4(a)(8), July 28, 2005, 119 Stat. 412; Pub. L. 109–59, title
I, § 1111(b)(4), Aug. 10, 2005, 119 Stat. 1171, provided that:
‘‘(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.
‘‘(2) 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 2004 and $415,000 for the period of October 1,
2004, through July 30, 2005.
‘‘(3) 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, § 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.

NATIONAL BICYCLE SAFETY EDUCATION CURRICULUM

OBLIGATION LIMITATION

Pub. L. 105–178, title I, § 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.’’

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.’’

BICYCLE AND PEDESTRIAN SAFETY GRANTS
Pub. L. 105–178, title I, § 1212(i), formerly § 1212(o),
June 9, 1998, 112 Stat. 196; renumbered § 1212(i), Pub. L.
105–206, title IX, § 9003(e)(5), July 22, 1998, 112 Stat. 840,
and amended by Pub. L. 108–88, § 5(a)(8), Sept. 30, 2003,
117 Stat. 1114; Pub. L. 108–202, § 5(a)(8), Feb. 29, 2004, 118

HANDICAPPED PARKING SYSTEM
Pub. L. 100–641, § 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—

Page 255

TITLE 23—HIGHWAYS

‘‘(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;

§ 402

‘‘(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,

§ 402

TITLE 23—HIGHWAYS

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, § 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 privi-

Page 256

leges 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, § 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

Page 257

TITLE 23—HIGHWAYS

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 onthe-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 onthe-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.

§ 402

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.
EX. ORD. NO. 13513. FEDERAL LEADERSHIP ON REDUCING
TEXT MESSAGING WHILE DRIVING
Ex. Ord. No. 13513, Oct. 1, 2009, 74 F.R. 51225, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 7902(c) of title 5, United
States Code, and the Federal Property and Administrative Services Act of 1949, as amended, 40 U.S.C. 101 et
seq. [see Short Title of 1949 Act note set out under section 101 of Title 41, Public Contracts], and in order to
demonstrate Federal leadership in improving safety on
our roads and highways and to enhance the efficiency
of Federal contracting, it is hereby ordered as follows:
SECTION 1. Policy. With nearly 3 million civilian employees, the Federal Government can and should demonstrate leadership in reducing the dangers of text
messaging while driving. Recent deadly crashes involving drivers distracted by text messaging while behind
the wheel highlight a growing danger on our roads.
Text messaging causes drivers to take their eyes off the
road and at least one hand off the steering wheel, en-

§ 403

TITLE 23—HIGHWAYS

dangering both themselves and others. Every day, Federal employees drive Government-owned, Governmentleased, or Government-rented vehicles (collectively,
GOV) or privately-owned vehicles (POV) on official
Government business, and some Federal employees use
Government-supplied electronic devices to text or email while driving. A Federal Government-wide prohibition on the use of text messaging while driving on official business or while using Government-supplied
equipment will help save lives, reduce injuries, and set
an example for State and local governments, private
employers, and individual drivers. Extending this policy to cover Federal contractors is designed to promote
economy and efficiency in Federal procurement. Federal contractors and contractor employees who refrain
from the unsafe practice of text messaging while driving in connection with Government business are less
likely to experience disruptions to their operations
that would adversely impact Federal procurement.
SEC. 2. Text Messaging While Driving by Federal Employees. Federal employees shall not engage in text
messaging (a) when driving GOV, or when driving POV
while on official Government business, or (b) when
using electronic equipment supplied by the Government while driving.
SEC. 3. Scope of Order. (a) All agencies of the executive branch are directed to take appropriate action
within the scope of their existing programs to further
the policies of this order and to implement section 2 of
this order. This includes, but is not limited to, considering new rules and programs, and reevaluating existing programs to prohibit text messaging while driving,
and conducting education, awareness, and other outreach for Federal employees about the safety risks associated with texting while driving. These initiatives
should encourage voluntary compliance with the agency’s text messaging policy while off duty.
(b) Within 90 days of the date of this order, each agency is directed, consistent with all applicable laws and
regulations: (i) to take appropriate measures to implement this order, (ii) to adopt measures to ensure compliance with section 2 of this order, including through
appropriate disciplinary actions, and (iii) to notify the
Secretary of Transportation of the measures it undertakes hereunder.
(c) Agency heads may exempt from the requirements
of this order, in whole or in part, certain employees, devices, or vehicles in their respective agencies that are
engaged in or used for protective, law enforcement, or
national security responsibilities or on the basis of
other emergency conditions.
SEC. 4. Text Messaging While Driving by Government
Contractors, Subcontractors, and Recipients and Subrecipients. Each Federal agency, in procurement contracts,
grants, and cooperative agreements, and other grants
to the extent authorized by applicable statutory authority, entered into after the date of this order, shall
encourage contractors, subcontractors, and recipients
and subrecipients to adopt and enforce policies that
ban text messaging while driving company-owned or
-rented vehicles or GOV, or while driving POV when on
official Government business or when performing any
work for or on behalf of the Government. Agencies
should also encourage Federal contractors, subcontractors, and grant recipients and subrecipients as described in this section to conduct initiatives of the type
described in section 3(a) of this order.
SEC. 5. Coordination. The Secretary of Transportation,
in consultation with the Administrator of General
Services and the Director of the Office of Personnel
Management, shall provide leadership and guidance to
the heads of executive branch agencies to assist them
with any action pursuant to this order.
SEC. 6. Definitions.
(a) The term ‘‘agency’’ as used in this order means an
executive agency, as defined in 5 U.S.C. 105, except for
the Government Accountability Office.
(b) ‘‘Texting’’ or ‘‘Text Messaging’’ means reading
from or entering data into any handheld or other electronic device, including for the purpose of SMS texting,

Page 258

e-mailing, instant messaging, obtaining navigational
information, or engaging in any other form of electronic data retrieval or electronic data communication.
(c) ‘‘Driving’’ means operating a motor vehicle on an
active roadway with the motor running, including
while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise. It does not include
operating a motor vehicle with or without the motor
running when one has pulled over to the side of, or off,
an active roadway and has halted in a location where
one can safely remain stationary.
SEC. 7. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect or
alter:
(i) Authority granted by law or Executive Order to
an agency, or the head thereof;
(ii) Powers and duties of the heads of the various
departments and agencies pursuant to the Highway
Safety Act of 1966, as amended, 23 U.S.C. 402 and 403,
section 19 of the Occupational Safety and Health Act
of 1970, as amended, 29 U.S.C. 668, sections 7901 and
7902 of title 5, United States Code, or the Federal
Property and Administrative Services Act of 1949, as
amended, 40 U.S.C. 101 et seq.;
(iii) Rights, duties, or procedures under the National Labor Relations Act, 29 U.S.C. 151 et seq.; or
(iv) Functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
BARACK OBAMA.

§ 403. Highway safety research and development
(a) AUTHORITY OF THE SECRETARY.—The Secretary is authorized to use funds appropriated to
carry out this section to—
(1) conduct research on all phases of highway
safety and traffic conditions, including accident causation, highway or driver characteristics, communications, and emergency care;
(2) conduct ongoing research into driver behavior and its effect on traffic safety;
(3) conduct research on, launch initiatives to
counter, and conduct demonstration projects
on fatigued driving by drivers of motor vehicles and distracted driving in such vehicles,
including the effect that the use of electronic
devices and other factors deemed relevant by
the Secretary have on driving;
(4) conduct training or education programs
in cooperation with other Federal departments and agencies, States, private sector persons, highway safety personnel, and law enforcement personnel;
(5) conduct research on, and evaluate the effectiveness of, traffic safety countermeasures,
including seat belts and impaired driving initiatives;
(6) conduct research on, evaluate, and develop 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;
(7) conduct research, training, and education
programs related to older drivers;