
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 23USC401]

 
                           TITLE 23--HIGHWAYS
 
                        CHAPTER 4--HIGHWAY SAFETY
 
Sec. 401. Authority of the Secretary

    The Secretary is authorized and directed to assist and cooperate 
with other Federal departments and agencies, State and local 
governments, private industry, and other interested parties, to increase 
highway safety. For the purposes of this chapter, the term ``State'' 
means any one of the fifty States, the District of Columbia, Puerto 
Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of 
the Northern Mariana Islands.

(Added Pub. L. 89-564, title I, Sec. 101, Sept. 9, 1966, 80 Stat. 731; 
amended Pub. L. 93-87, title II, Sec. 218, Aug. 13, 1973, 87 Stat. 290; 
Pub. L. 98-363, Sec. 3(b), July 17, 1984, 98 Stat. 436; Pub. L. 100-17, 
title I, Sec. 133(b)(19), Apr. 2, 1987, 101 Stat. 172.)


                               Amendments

    1987--Pub. L. 100-17 inserted reference in second sentence to 
Commonwealth of the Northern Mariana Islands.
    1984--Pub. L. 98-363 struck out ``, except that all expenditures for 
carrying out this chapter in the Virgin Islands, Guam, and American 
Samoa shall be paid out of money in the Treasury not otherwise 
appropriated'' after ``and American Samoa''.
    1973--Pub. L. 93-87 inserted definition of ``State'' and provided 
that all expenditures for carrying out this chapter in the Virgin 
Islands, Guam, and American Samoa shall be paid out of money in the 
Treasury not otherwise appropriated.


                    Effective Date of 1984 Amendment

    Section 3(c) of Pub. L. 98-363 provided that: ``The amendments made 
by subsections (a) and (b) [amending this section and section 402 of 
this title] shall apply to fiscal years beginning after the date of 
enactment of this Act [July 17, 1984].''


                      Short Title of 1991 Amendment

    Pub. L. 102-240, title II, Sec. 2001, Dec. 18, 1991, 105 Stat. 2070, 
provided that: ``This part [part A (Secs. 2001-2009) of title II of Pub. 
L. 102-240, amending sections 402, 403, and 410 of this title, enacting 
provisions set out as notes under sections 402, 403, and 410 of this 
title, and amending provisions set out below] may be cited as the 
`Highway Safety Act of 1991'.''


                      Short Title of 1988 Amendment

    Pub. L. 100-690, title IX, Sec. 9001, Nov. 18, 1988, 102 Stat. 4521, 
provided that: ``This subtitle [subtitle A (Secs. 9001 to 9005) of title 
IX of Pub. L. 100-690, enacting section 410 of this title and provisions 
set out as notes under sections 403 and 410 of this title] may be cited 
as the `Drunk Driving Prevention Act of 1988'.''


                      Short Title of 1987 Amendment

    Section 201 of title II of Pub. L. 100-17 provided that: ``This 
title [amending sections 402 and 408 of this title and section 2314 of 
former Title 49, Transportation, enacting provisions set out as notes 
under this section, section 402 of this title, and section 2204 of 
former Title 49, and amending provisions set out as a note under this 
section] be cited as the `Highway Safety Act of 1987'.''


                      Short Title of 1983 Amendment

    Pub. L. 97-424, title II, Sec. 201, Jan. 6, 1983, 96 Stat. 2137, 
provided that: ``This title [amending section 402 of this title and 
enacting provisions set out as notes under this section and sections 
130, 154, and 408 of this title] may be cited as the `Highway Safety Act 
of 1982'.''


                      Short Title of 1978 Amendment

     Pub. L. 95-599, title II, Sec. 201, Nov. 6, 1978, 92 Stat. 2727, 
provided that: ``This title [enacting section 407 of this title, 
amending sections 154 and 402 of this title, and enacting provisions set 
out as notes under this section and sections 130, 307, 402, and 403 of 
this title] may be cited as the `Highway Safety Act of 1978'.''


                      Short Title of 1976 Amendment

    Pub. L. 94-280, title II, Sec. 201, May 5, 1976, 90 Stat. 451, 
provided that: ``That title [amending sections 104, 151, 402, 404, and 
406 of this title and provisions set out as a note under section 130 of 
this title and enacting provisions set out as notes under sections 127 
and 402 of this title] may be cited as the `Highway Safety Act of 
1976'.''


                      Short Title of 1973 Amendment

    Section 201 of title II of Pub. L. 93-87 provided that: ``This title 
[enacting sections 151 to 153 and 405 of this title, amending this 
section and sections 104 and 402 to 404 of this title, and enacting 
provisions set out as notes under this section and sections 130, 144, 
151, 217, and 403 of this title] may be cited as the `Highway Safety Act 
of 1973'.''


                      Short Title of 1970 Amendment

    Pub. L. 91-605, title II, Sec. 201, Dec. 31, 1970, 84 Stat. 1739, 
provided that: ``This title [enacting sections 144 and 322 of this 
title, amending provisions set out as notes under this section and 
section 402 of this title, and enacting provisions set out as notes 
under this section and section 402 of this title] may be cited as the 
`Highway Safety Act of 1970'.''


                               Short Title

    Section 208 of Pub. L. 89-564 provided that: ``This Act [enacting 
this chapter, amending sections 105 and 307 of this title, repealing 
sections 135 and 313 of this title, and enacting provisions set out as 
notes under this section and sections 303, 307, 402, and 403 of this 
title] may be cited as the `Highway Safety Act of 1966'.''


  Use of Uniformed Police Officers on Federal-Aid Highway Construction 
                                Projects

    Pub. L. 105-178, title I, Sec. 1213(c), June 9, 1998, 112 Stat. 200, 
provided that:
    ``(1) Study.--In consultation with the States, State transportation 
departments, and law enforcement organizations, the Secretary shall 
conduct a study on the extent and effectiveness of use by States of 
uniformed police officers on Federal-aid highway construction projects.
    ``(2) Report.--Not later than 2 years after the date of enactment of 
this Act [June 9, 1998], the Secretary shall submit to Congress a report 
on the results of the study, including any legislative and 
administrative recommendations of the Secretary.''


 Radio and Microwave Technology for Motor Vehicle Safety Warning System

    Pub. L. 104-59, title III, Sec. 358(c), Nov. 28, 1995, 109 Stat. 
625, provided that:
    ``(1) Study.--The Secretary, in consultation with the Federal 
Communications Commission and the National Telecommunications and 
Information Administration, shall conduct a study to develop and 
evaluate radio and microwave technology for a motor vehicle safety 
warning system in furtherance of safety in all types of motor vehicles.
    ``(2) Equipment.--Equipment developed under the study shall be 
directed toward, but not limited to, advance warning to operators of all 
types of motor vehicles of--
        ``(A) temporary obstructions in a highway;
        ``(B) poor visibility and highway surface conditions caused by 
    adverse weather; and
        ``(C) movement of emergency vehicles.
    ``(3) Safety applications.--In conducting the study, the Secretary 
shall determine whether the technology described in this subsection has 
other appropriate safety applications.''


                        Work Zone Safety Program

    Pub. L. 104-59, title III, Sec. 358(b), Nov. 28, 1995, 109 Stat. 
625, provided that: ``In carrying out the work zone safety program under 
section 1051 of the Intermodal Surface Transportation Efficiency Act of 
1991 [Pub. L. 102-240] (23 U.S.C. 401 note; 105 Stat. 2001), the 
Secretary shall utilize a variety of methods to increase safety at 
highway construction sites, including each of the following:
        ``(1) Conducting conferences to explore new techniques and 
    stimulate dialogue for improving work zone safety.
        ``(2) Establishing a national clearinghouse to assemble and 
    disseminate, by electronic and other means, information relating to 
    the improvement of work zone safety.
        ``(3) Conducting a national promotional campaign in cooperation 
    with the States to provide timely, site-specific information to 
    motorists when construction workers are actually present.
        ``(4) Encouraging the use of enforceable speed limits in work 
    zones.
        ``(5) Developing training programs for work site designers and 
    construction workers to promote safe work zone practices.
        ``(6) Encouraging the use of unit price bid items in contracts 
    for traffic control devices and implementation of traffic control 
    plans.''
    Pub. L. 102-240, title I, Sec. 1051, Dec. 18, 1991, 105 Stat. 2001, 
provided that: ``The Secretary shall develop and implement a work zone 
safety program which will improve work zone safety at highway 
construction sites by enhancing the quality and effectiveness of traffic 
control devices, safety appurtenances, traffic control plans, and 
bidding practices for traffic control devices and services.''


              Older Drivers and Other Special Driver Groups

    Pub. L. 104-59, title III, Sec. 358(a), Nov. 28, 1995, 109 Stat. 
625, provided that:
    ``(1) Study.--The Secretary shall conduct a study of technologies 
and practices to improve the driving performance of older drivers and 
other special driver groups.
    ``(2) Demonstration activities.--In conducting the study under 
paragraph (1), the Secretary shall undertake demonstration activities 
that incorporate and build upon gerontology research related to the 
study of the normal aging process. The Secretary shall initially 
implement such activities in those States that have the highest 
population of aging citizens for whom driving a motor vehicle is their 
primary mobility mode.
    ``(3) Cooperative agreement.--The Secretary shall conduct the study 
under paragraph (1) by entering into a cooperative agreement with an 
institution that has demonstrated competencies in gerontological 
research, population demographics, human factors related to 
transportation, and advanced technology applied to transportation.''
    Section 208 of Pub. L. 100-17, as amended by Pub. L. 100-202, 
Sec. 101(l) [title III, Sec. 348(h)], Dec. 22, 1987, 101 Stat. 1329-358, 
1329-389, directed Secretary to enter into appropriate arrangements with 
National Academy of Sciences to conduct a comprehensive study and 
investigation of (1) problems which could inhibit the safety and 
mobility of older drivers using the Nation's roads, and (2) means of 
addressing these problems, to request the Academy to report to Secretary 
and Congress not later than 24 months after Apr. 2, 1987, on the results 
of such study and investigation, to furnish to the Academy any 
information which it deems necessary for conducting the investigation 
and study, and to develop, in conjunction with the study, a pilot 
program of highway safety improvements to enhance the safety and 
mobility of older drivers and, not later than 3 years after Apr. 2, 
1987, to evaluate the pilot program and report to Congress on the 
effectiveness of the program in improving the safety and mobility of 
older drivers.


     Annual Report by Secretary of Transportation on Highway Safety 
                        Performance of Each State

    Pub. L. 97-424, title II, Sec. 207, Jan. 6, 1983, 96 Stat. 2139, 
provided that: ``The Secretary of Transportation shall prepare, publish, 
and submit to Congress not later than December 31 of each calendar year 
beginning after December 31, 1982, a report on the highway safety 
performance of each State in the preceding calendar year. Such report 
shall provide data on highway fatalities and injuries and motor vehicle 
accidents involving fatalities and injuries and travel in urban areas of 
each State for each system of highways and in rural areas of such State 
for each system of highways. Such report shall be in such form and 
contain such other information on highway accidents as will permit an 
evaluation and comparison of highway safety performance of the States. 
For purposes of this section (1) the systems of highways in a State are 
the Federal-aid primary system, the Federal-aid secondary system, the 
Federal-aid urban system, and the Interstate System (as such terms are 
defined in section 101 of title 23, United States Code) and the other 
highways in such State which are not on the Federal-aid system, and (2) 
the terms `State', `rural areas', and `urban area' have the meaning such 
terms have under section 101.''
    [For termination, effective May 15, 2000, of provisions relating to 
submittal of report to Congress in section 207 of Pub. L. 97-424, set 
out above, see section 3003 of Pub. L. 104-66, as amended, set out as a 
note under section 1113 of Title 31, Money and Finance, and page 136 of 
House Document No. 103-7.]


                      National Driver Registration

    Pub. L. 97-364, title II, Secs. 201-211, Oct. 25, 1982, 96 Stat. 
1740-1748, as amended by Pub. L. 100-223, title III, Sec. 305, Dec. 30, 
1987, 101 Stat. 1525; Pub. L. 100-342, Sec. 4(b), June 22, 1988, 102 
Stat. 626; Pub. L. 101-380, title IV, Sec. 4105(a), Aug. 18, 1990, 104 
Stat. 512; Pub. L. 102-240, title II, Sec. 2007, Dec. 18, 1991, 105 
Stat. 2080, directed Secretary of Transportation to establish and 
maintain a National Driver Register to assist States in exchange of 
information on motor vehicle driving records of individuals and provided 
for reports by State officials, accessibility of Register information, a 
pilot test program, criminal penalties, an advisory committee, and a 
report to Congress by the Secretary, prior to repeal by Pub. L. 103-272, 
Sec. 7(b), July 5, 1994, 108 Stat. 1379, and Pub. L. 103-429, 
Sec. 8(10), Oct. 31, 1994, 108 Stat. 4390, and was restated in part in 
chapter 303 of Title 49, Transportation.


       Pilot Projects for Highway Safety Education and Information

    Pub. L. 95-599, title II, Sec. 209, Nov. 6, 1978, 92 Stat. 2732, as 
amended by Pub. L. 97-424, title II, Sec. 206, Jan. 6, 1983, 96 Stat. 
2139; Pub. L. 100-17, title II, Sec. 207, Apr. 2, 1987, 101 Stat. 221, 
provided that:
    ``(a) The Secretary of Transportation shall carry out six pilot 
projects designed, through the use of television and radio, to develop 
and evaluate techniques, methods, and practices to achieve maximum 
measurable effectiveness in reducing traffic accidents, injuries, and 
deaths.
    ``(b) Each pilot project authorized by this section shall be in 
operation not later than the one hundred and eightieth day after the 
date of the first appropriation of funds made under authority of this 
section, and shall be conducted for a one-year period. Not later than 
the ninetieth day after the end of each such one-year period, the 
Secretary of Transportation shall report to Congress the results of such 
project, including, but not limited to, an evaluation of the 
effectiveness of such project and a statistical analysis of the traffic 
accidents and fatalities within the project area during such one-year 
period.
    ``(c) There is authorized to be appropriated, out of the Highway 
Trust Fund, to carry out subsections (a) and (b) of this section, 
$6,000,000, to remain available until expended.
    ``(d) National Highway Safety Campaign.--Utilizing those techniques, 
methods, and practices determined most effective under subsection (b), 
the Secretary of Transportation shall conduct a national highway safety 
campaign utilizing the local and national television and radio to 
educate and inform the public of techniques, methods, and practices to 
reduce the number and severity of highway accidents. Not later than the 
180th day after the date of submission of the first report to Congress 
required by subsection (b) of this section, the Secretary shall commence 
the conduct of such campaign.
    ``(e) Such campaign is authorized to be conducted in cooperation 
with interested government and nongovernment authorities, agencies, 
organizations, institutions, businesses, and individuals, and shall 
utilize to the extent possible nongovernmental professional 
organizations equipped and experienced to conduct such campaign.
    ``(f) The Secretary of Transportation shall engage such private 
firms or organizations as he determines necessary to conduct an on-going 
evaluation of the national campaign authorized by subsection (d) of this 
section to determine ways and means for encouraging the participation 
and cooperation of television and radio station licensees, for measuring 
audience reactions to on-going highway safety programming for evaluating 
the effectiveness of such programs in terms of the number of lives saved 
and the reduction in injuries, and for the purpose of developing new 
programs for the promotion of highway safety. Such evaluation shall 
include determinations of those programs designed to encourage the 
voluntary use of safety belts which are most effective and shall include 
recommendations for new methods and approaches which will result in 
greater voluntary utilization of safety belts by the public.
    ``(g) The Secretary of Transportation shall submit a report to the 
Congress on July 1 of each year in which the campaign is in progress on 
the results of such evaluation and on the steps being taken by the 
Secretary of Transportation to implement the recommendations of such 
evaluation.
    ``(h) For the purpose of carrying out subsections (d), (e), (f), and 
(g) of this section, there is authorized to be appropriated out of the 
Highway Trust Fund, $10,000,000, to remain available until expended. 
None of the amounts authorized by this subsection shall be available for 
obligation for any education or information program conducted in 
connection with the implementation of Federal Motor Vehicle Safety 
Standard 208 (49 C.F.R. 571.208).
    ``(i) All provisions of chapter 1 of title 23, United States Code, 
that are applicable to Federal-aid primary highway funds, other than 
provisions relating to the apportionment formula and provisions limiting 
the expenditure of such funds to the Federal-aid systems, shall apply to 
the funds authorized to be appropriated to carry out this section, 
except as determined by the Secretary to be inconsistent with this 
section and except that the funds authorized to be appropriated to carry 
out this section shall not be subject to any obligation limitation.''
    [For termination, effective May 15, 2000, of provisions of law 
requiring submittal to Congress of any annual, semiannual, or other 
regular periodic report listed in House Document No. 103-7 (in which a 
report required under section 209(g) of Pub. L. 95-599, set out above, 
is listed on page 139), see section 3003 of Pub. L. 104-66, as amended, 
set out as a note under section 1113 of Title 31, Money and Finance.]


  Highway Safety Educational Programing and Study; Report to Congress; 
      Series of Highway Safety Television Programs; Appropriations 
                             Authorizations

    Section 211 of Pub. L. 93-87 directed Secretary of Transportation, 
in cooperation with government and nongovernment authorities and 
individuals, to conduct a full and complete investigation and study of 
use of mass media for informing and educating the public of ways and 
means for reducing number and severity of highway accidents, to report 
to Congress his findings and recommendations by June 30, 1974, and to 
develop, in consultation with State and local highway safety officials, 
a series of highway safety television programs of varying lengths for 
use in accordance with provisions of the Communication Act of 1934 (47 
U.S.C. 151 et seq.).


               Highway Safety Citizen Participation Study

    Section 212 of Pub. L. 93-87 authorized the appropriation of 
$1,000,000 for a study by the Secretary of Transportation, with 
cooperation of State and local highway safety authorities, of ways and 
means of encouraging greater citizen participation in highway safety 
programs, the results of such study and recommendations to be reported 
to Congress by June 30, 1974.


     National Center for Statistical Analysis of Highway Operations

    Section 213 of Pub. L. 93-87 authorized the appropriation of 
$5,000,000 to make a study of the feasibility of establishing a National 
Center for Statistical Analysis of Highway Operations designed to 
acquire, store and retrieve accident data, the results of such study and 
recommendations to be reported to Congress not later than Jan. 1, 1975.


                   Pedestrian and Bicycle Safety Study

    Section 214 of Pub. L. 93-87 authorized the appropriation of 
$5,000,000 for a study of pedestrian and bicycle safety, including a 
review of local ordinances, the relationship between alcohol and 
pedestrian and bicycle safety, etc., the results of such study and 
recommendations to be reported to Congress not later than Jan. 31, 1975.


                       Highway Safety Needs Study

    Section 225 of Pub. L. 93-87 mandated a study by the Secretary of 
Transportation of highway safety needs of the States, including those of 
Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin 
Islands and other territories, in order to evaluate continuing safety 
programs and furnish Congress with information necessary for 
authorization of appropriations for continuing safety programs, the 
results of such study, estimates and recommendations to be submitted to 
Congress not later than Jan. 10, 1976.


National Highway Traffic Safety Administration; Creation; Appointment of 
   Administrator and Deputy Administrator; Duties; Retroactive Effect

    Section 201 of Pub. L. 89-564, as amended by Pub. L. 89-670, 
Sec. 8(h), Oct. 15, 1966, 80 Stat. 943; Pub. L. 90-83, Sec. 10(b), Sept. 
11, 1967, 81 Stat. 224; Pub. L. 91-605, title II, Sec. 202(a), Dec. 31, 
1970, 84 Stat. 1739, which provided for the creation of National Highway 
Traffic Safety Administration in the Department of Transportation, was 
repealed by Pub. L. 97-449, Sec. 7(b), Jan. 12, 1983, 96 Stat. 2444, and 
reenacted by section 1(b) of Pub. L. 97-449 as section 105 of Title 49, 
Transportation.


 Acting Administrator of National Highway Traffic Safety Administration

    Pub. L. 91-605, title II, Sec. 202(b), Dec. 31, 1970, 84 Stat. 1740, 
permitted President to authorize any person who immediately before Dec. 
31, 1970, held the office of Director of the National Highway Safety 
Bureau, to act as Administrator of the National Highway Traffic Safety 
Administration until the appointment of the first Administrator.


  Annual Report to Congress on Administration of Highway Safety Act of 
                                  1966

    Section 202 of Pub. L. 89-564, as amended by Pub. L. 93-87, title 
II, Sec. 224, Aug. 13, 1973, 87 Stat. 292, provided that:
    ``(a) The Secretary shall prepare and submit to the President for 
transmittal to the Congress on July 1 of each year a comprehensive 
report on the administration of the Highway Safety Act of 1966 
(including chapter 4 of title 23 of the United States Code) for the 
preceding calendar year. Such report should include but not be 
restricted to (1) a thorough statistical compilation of the accidents 
and injuries occurring in such year; (2) a list of all safety standards 
issued or in effect in such year; (3) the scope of observance of 
applicable Federal standards; (4) a statement of enforcement actions 
including judicial decisions, settlements, or pending litigation during 
the year; (5) a summary of all current research grants and contracts 
together with a description of the problems to be considered by such 
grants and contracts; (6) an analysis and evaluation of completed 
research activities and technological progress achieved during such year 
together with the relevant policy recommendations flowing therefrom: (7) 
the effectiveness of State highway safety program (including local 
highway safety programs) and (8) the extent to which technical 
information was being disseminated to the scientific community and 
consumer-oriented material was made available to the motoring public.
    ``(b) The annual report shall also contain such recommendations for 
additional legislation as the Secretary deems necessary to promote 
cooperation among the several States in the improvement of highway 
safety and to strengthen the national highway safety program.''
    [For termination, effective May 15, 2000, of provisions relating to 
transmittal of report to Congress in section 202 of Pub. L. 89-564, set 
out above, see section 3003 of Pub. L. 104-66, as amended, set out as a 
note under section 1113 of Title 31, Money and Finance, and page 135 of 
House Document No. 103-7.]


          Detailed Cost Estimate of Highway Safety Act of 1966

    Section 207 of Pub. L. 89-564 directed Secretary, in cooperation 
with the Governors of appropriate State highway safety agencies, make a 
detailed estimate of the cost of carrying out the Highway Safety Act of 
1966 in order to provide a basis for evaluating continuing programs 
under the Act and to furnish Congress information necessary for 
authorization of appropriations for fiscal years beginning after June 
30, 1969, such estimates to be submitted to Congress not later than Jan. 
10, 1968.


                 Interstate Compacts for Highway Safety

    Pub. L. 85-684, Aug. 20, 1958, 72 Stat. 635, as amended by Pub. L. 
88-466, Aug. 20 1964, 78 Stat. 564, provided: ``That the consent of 
Congress is hereby given to any two or more of the several States, and 
one or more of the several States and the District of Columbia, to enter 
into agreements or compacts--
        ``(1) for cooperative effort and mutual assistance in the 
    establishment and carrying out of traffic safety programs, 
    including, but not limited to, the enactment of uniform traffic 
    laws, driver education and training, coordination of traffic law 
    enforcement, research into safe automobile and highway design, and 
    research programs of the human factors affecting traffic safety, and
        ``(2) for the establishment of such agencies, joint or 
    otherwise, as they deem desirable for the establishment and carrying 
    out of such traffic safety programs.''

                  Section Referred to in Other Sections

    This section is referred to in sections 152, 153 of this title.
