§ 403 TITLE 23—HIGHWAYS Page 186

made significant progress towards achieving the goals

of this order or are notable and deserving of recognition. All agencies of the executive branch shall provide

information to, and otherwise cooperate with, the Secretary of Transportation to assist with the preparation

of the annual report.

SEC. 5. Other Powers and Duties. Nothing in this order

shall be construed to impair or alter the powers and duties of the heads of the various Federal agencies pursuant to the Highway Safety Act of 1966, 23 U.S.C. 402 and

403, as amended, section 19 of the Occupational Safety

and Health Act of 1970, 29 U.S.C. 668, as amended, or

sections 7901, 7902, and 7903 of title 5, United States

Code, nor shall it be construed to affect any right,

duty, or procedure under the National Labor Relations

Act, 29 U.S.C. 151 et seq.

SEC. 6. General Provisions. (a) Executive Order 12566 of

September 26, 1986, is revoked. To the extent that this

order is inconsistent with any provisions of any prior

Executive order, this order shall control.

(b) If any provision of this order or application of any

such provision is held to be invalid, the remainder of

this order and other applications of such provision

shall not be affected.

(c) Nothing in this order shall be construed to create

a new cause of action against the United States, or to

alter in any way the United States liability under the

Federal Tort Claims Act, 28 U.S.C. 2671-2680.

(d) The Secretary of Defense shall implement the provisions of this order insofar as practicable for vehicles

of the Department of Defense.

(e) The Secretary of the Treasury and the Attorney

General, consistent with their protective and law enforcement responsibilities, shall determine the extent

to which the requirements of this order apply to the

protective and law enforcement activities of their respective agencies.

WILLIAM J. CLINTON.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 152, 153, 157, 403,

404, 406, 408, 410 of this title; title 42 section 7544; title

49 sections 30308, 31102, 31107.

§ 403. Highway safety research and development

(a) AUTHORITY OF THE SECRETARY.—

(1) IN GENERAL.—The Secretary is authorized

to use funds appropriated to carry out this

section to engage in research on all phases of

highway safety and traffic conditions.

(2) ADDITIONAL AUTHORITY.—In addition, the

Secretary may use the funds appropriated to

carry out this section, either independently or

in cooperation with other Federal departments or agencies, for—

(A) training or education of highway safety personnel,

(B) research fellowships in highway safety,

(C) development of improved accident investigation procedures,

(D) emergency service plans,

(E) demonstration projects, and

(F) related research and development activities which the Secretary deems will promote the purposes of this section.

(3) SAFETY DEFINED.—As used in this section,

the term ‘‘safety’’ includes highway safety and

highway safety-related research and development, including research and development relating to highway and driver characteristics,

crash investigations, communications, emergency medical care, and transportation of the

injured.

(b) DRUGS AND DRIVER BEHAVIOR.—In addition

to the research authorized by subsection (a), the

Secretary, in consultation with other Government and private agencies as may be necessary,

is authorized to carry out safety research on the

following:

(1) The relationship between the consumption and use of drugs and their effect upon

highway safety and drivers of motor vehicles.

(2) Driver behavior research, including the

characteristics of driver performance, the relationships of mental and physical abilities or

disabilities to the driving task, and the relationship of frequency of driver crash involvement to highway safety.

(c) The research authorized by subsections (a)

and (b) of this section may be conducted by the

Secretary through grants and contracts with

public and private agencies, institutions, and individuals.

(d) The Secretary may, where he deems it to

be in furtherance of the purposes of section 402

of this title, vest in State or local agencies, on

such terms and conditions as he deems appropriate, title to equipment purchased for demonstration projects with funds authorized by

this section.

(e) In addition to the research authorized by

subsection (a) of this section, the Secretary

shall, either independently or in cooperation

with other Federal departments or agencies,

conduct research into, and make grants to or

contracts with State or local agencies, institutions, and individuals for projects to demonstrate the administrative adjudication of traffic infractions. Such administrative adjudication demonstration projects shall be designed to

improve highway safety by developing fair, efficient, and effective processes and procedures for

traffic infraction adjudication, utilizing appropriate punishment, training, and rehabilitative

measures for traffic offenders. The Secretary

shall report to Congress by July 1,1975, and each

year thereafter during the continuance of the

program, on the research and demonstration

projects authorized by this subsection, and shall

include in such report a comparison of the fairness, efficiency, and effectiveness of administrative adjudication of traffic infractions with

other methods of handling such infractions.

(f) COLLABORATIVE RESEARCH AND DEVELOPMENT.—

(1) IN GENERAL.—For the purpose of encouraging innovative solutions to highway safety

problems, stimulating voluntary improvements in highway safety, and stimulating the

marketing of new highway safety-related technology by private industry, the Secretary is

authorized to undertake, on a cost-shared

basis, collaborative research and development

with non-Federal entities, including State and

local governments, colleges, and universities

and corporations, partnerships, sole proprietorships, and trade associations that are incorporated or established under the laws of

any State or the United States. This collaborative research may include crash data collection and analysis; driver and pedestrian behavior; and demonstrations of technology.

(2) COOPERATIVE AGREEMENTS.—In carrying

out this subsection, the Secretary may enter

into cooperative research and development

agreements, as defined in section 12 of the Ste-
Page 187 TITLE 23—HIGHWAYS § 403

venson-Wydler Technology Innovation Act of

1980 (15 U.S.C. 3710a); except that in entering

into such agreements, the Secretary may

agree to provide not more than 50 percent of

the cost of any research or development

project selected by the Secretary under this

subsection.

(3) PROJECT SELECTION.—In selecting projects

to be conducted under this subsection, the

Secretary shall establish a procedure to consider the views of experts and the public concerning the project areas.

(4) APPLICABILITY OF STEVENSON-WYDLER

TECHNOLOGY INNOVATION ACT.—The research,

development, or utilization of any technology

pursuant to an agreement under the provisions

of this subsection, including the terms under

which technology may be licensed and the resulting royalties may be distributed, shall be

subject to the provisions of the StevensonWydler Technology Innovation Act of 1980.

(Added Pub. L. 89–564, title I, §101, Sept. 9, 1966,

80 Stat. 733; amended Pub. L. 93–87, title II,

§§208(a), 220–222, 226(a), Aug. 13, 1973, 87 Stat. 286,

291, 292; Pub. L. 102–240, title II, §2003, Dec. 18,

1991, 105 Stat. 2071.)

REFERENCES IN TEXT

The Stevenson-Wydler Technology Innovation Act of

1980, referred to in subsec. (f)(4), is Pub. L. 96–480, Oct.

21, 1980, 94 Stat. 2311, as amended, which is classified

generally to chapter 63 (§3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this

Act to the Code, see Short Title note set out under section 3701 of Title 15 and Tables.

AMENDMENTS

1991—Subsec. (a). Pub. L. 102–240, §2003(a), added subsec. (a) and struck out former subsec. (a) which read as

follows: ‘‘The Secretary is authorized to use funds appropriated to carry out this subsection to carry out

safety research which he is authorized to conduct by

subsection (a) of section 307 of this title. In addition,

the Secretary may use the funds appropriated to carry

out this section, either independently or in cooperation

with other Federal departments or agencies, for making grants to or contracting with State or local agencies, institutions, and individuals for (1) training or

education of highway safety personnel, (2) research fellowships in highway safety, (3) development of improved accident investigation procedures, (4) emergency service plans, (5) demonstration projects, and (6)

related activities which the Secretary deems will promote the purposes of this section. The Secretary shall

assure that no fees are charged for any meetings or

services attendant thereto or other activities relating

to training and education of highway safety personnel.’’

Subsec. (b). Pub. L. 102–240, §2003(a), added subsec. (b)

and struck out former subsec. (b) which read as follows:

‘‘In addition to the research authorized by subsection

(a) of this section, the Secretary, in consultation with

such other Government and private agencies as may be

necessary, is authorized to carry out safety research on

the following:

‘‘(1) The relationship between the consumption and

use of drugs and their effect upon highway safety and

drivers of motor vehicles; and

‘‘(2) Driver behavior research, including the characteristics of driver performance, the relationships of

mental and physical abilities or disabilities to the

driving task, and the relationship of frequency of

driver accident involvement to highway safety.’’

Subsec. (c). Pub. L. 102–240, §2003(c), substituted ‘‘subsections (a) and (b)’’ for ‘‘subsection (b)’’.

Subsec. (f). Pub. L. 102–240, §2003(b), added subsec. (f)

and struck out former subsec. (f) which read as follows:

‘‘In addition to the research authorized by subsection

(a) of this section, the Secretary shall carry out research, development, and demonstration projects to

improve and evaluate the effectiveness of various types

of driver education programs in reducing traffic accidents and deaths, injuries, and property damage resulting therefrom. The research, development, and demonstration projects authorized by this subsection may

be carried out by the Secretary through grants and

contracts with public and private agencies, institutions, and individuals. The Secretary shall report to

the Congress by July 1, 1975, and each year thereafter

during the continuance of the program, on the research, development, and demonstration projects authorized by this subsection, and shall include in such

report an evaluation of the effectiveness of driver education programs in reducing traffic accidents and

deaths, injuries, and property damage resulting therefrom.’’

1973—Subsec. (a). Pub. L. 93–87, §§208(a), 220, designated existing provisions as subsec. (a); substituted

in first sentence ‘‘this subsection’’ for ‘‘this section’’;

substituted in second sentence ‘‘for making grants to

or contracting with State or local agencies, institutions, and individuals for (1) training or education of

highway safety personnel’’ for ‘‘for (1) grants to State

or local agencies, institutions, and individuals for

training or education of highway safety personnel’’ and

‘‘(6) related activities which the Secretary deems will

promote the purposes of this section’’ for (6) related activities which are deemed by the Secretary to be necessary to carry out the purposes of this section’’; and

inserted requirement that the Secretary assure that no

fees be charged for any meeting or services attendant

thereto or other activities relating to training and education of highway safety personnel.

Subsecs. (b), (c). Pub. L. 93–87, §208(a), added subsecs.

(b) and (c).

Subsecs. (d) to (f). Pub. L. 93–87, §§221, 222, 226(a),

added subsecs. (d) to (f).

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102–240, except as otherwise

provided, effective Dec. 18, 1991, and applicable to funds

authorized to be appropriated or made available after

Sept. 30, 1991, and not applicable to funds appropriated

or made available on or before Dec. 18, 1991, see section

2008 of Pub. L. 102–240, set out as a note under section

402 of this title.

DRUG RECOGNITION EXPERT TRAINING PROGRAM

Section 2006 of Pub. L. 102–240 provided that:

‘‘(a) ESTABLISHMENT.—The Secretary, acting through

the National Highway Traffic Safety Administration,

shall establish a regional program for implementation

of drug recognition programs and for training law enforcement officers (including enforcement officials

under the motor carrier safety assistance program) to

recognize and identify individuals who are operating a

motor vehicle while under the influence of alcohol or

one or more controlled substances or other drugs.

‘‘(b) ADVISORY COMMITTEE.—The Secretary shall establish a citizens advisory committee that shall report

to Congress annually on the progress of the implementation of subsection (a). Members of the committee

shall include 1 member of each of the following: Mothers Against Drunk Driving; a narcotics control organization; American Medical Association; American Bar

Association; and such other organizations as the Secretary deems appropriate. The committee shall be subject to the provisions of the [Federal] Advisory Committee Act [5 App. U.S.C.] and shall terminate 2 years

after the date of the enactment of this Act [Dec. 18,

1991].

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated out of the Highway Trust

Fund (other than the Mass Transit Account) to carry

out this section $4,000,000 for each of fiscal years 1992

through 1997.
§ 403 TITLE 23—HIGHWAYS Page 188

‘‘(d) DEFINITION.—For purposes of this section, the

term ‘controlled substance’ means any controlled substance, as defined under section 102(6) of the Controlled

Substances Act (21 U.S.C. 802(6)), whose use the Secretary has determined poses a risk to transportation

safety.’’

PILOT PROGRAM FOR DRUG RECOGNITION EXPERT

TRAINING

Pub. L. 100–690, title IX, §9004, Nov. 18, 1988, 102 Stat.

4525, provided that:

‘‘(a) ESTABLISHMENT.—The Secretary of Transportation, acting through the National Highway Traffic

Safety Administration, shall establish a 3-year pilot,

regional program for training law enforcement officers

to recognize and identify individuals who are operating

a motor vehicle while under the influence of alcohol or

1 or more controlled substances or other drugs.

‘‘(b) REPORT.—Not later than 1 year after the completion of the pilot program under this section, the Secretary of Transportation shall transmit to Congress a

report on the effectiveness of such pilot program together with any recommendations.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section

$5,000,000 for fiscal year 1989, $7,000,000 for fiscal year

1990, and $9,000,000 for fiscal year 1991. Such sums shall

remain available until expended.’’

PILOT GRANT PROGRAM FOR RANDOM TESTING FOR

ILLEGAL DRUG USE

Pub. L. 100–690, title IX, §9005, Nov. 18, 1988, 102 Stat.

4526, provided that:

‘‘(a) ESTABLISHMENT OF PILOT PROGRAM.—The Secretary shall design, within 9 months after the date of

the enactment of this Act [Nov. 18, 1988], and implement, within 15 months after the date of the enactment

of this Act, a pilot State grant program for the purpose

of testing individuals described in subsection (e)(1) to

determine whether such individuals have used, without

lawful authorization, a controlled substance.

‘‘(b) STATE PARTICIPATION.—The Secretary shall solicit the participation of States from those States interested in participating in such a program not more

than 4 States to participate in the program.

‘‘(c) STATE SELECTION PROCESS.—The Secretary shall

ensure that the selection made pursuant to this section

is representative of varying geographical and population characteristics of the Nation, and takes into

consideration the historical geographical incidence of

motor vehicle accidents involving loss of human life. In

selecting the States for participation, the Secretary

shall attempt to solicit States which meet the following criteria:

‘‘(1) One of the States shall be a western State

which is one of the 3 most populous States, with numerous large cities, with at least one city exceeding

7,000,000 people. The State should have a diverse demographic population with larger than average drug

use according to reliable surveys.

‘‘(2) One of the remaining States should be a southern State, one a northeastern State, and one a central State.

‘‘(3) One of the remaining States should be mainly

rural and among the least populous States.

‘‘(4) One of the remaining States should have less

than average drug use according to reliable surveys.

‘‘(d) LENGTH OF PROGRAM.—The pilot program authorized by this section shall continue for a period of 1

year. The Secretary shall consider alternative methodologies for implementing a system of random testing

of such individuals.

‘‘(e) REQUIREMENTS FOR STATE PARTICIPATION.—

‘‘(1) PERSONS TO BE TESTED.—Each State participating in the test program shall test for controlled substances in accordance with paragraph (2) individuals

who—

‘‘(A) are applicants seeking the privilege to drive,

and

‘‘(B) have never been issued a driver’s license by

any State.

‘‘(2) TYPES OF TESTING.—To deter drug use and promote highway safety, all individuals described in

paragraph (1) shall be subject to random testing—

‘‘(A) prior to issuance of driver’s licenses, and

‘‘(B) during the first year following the date of issuance of such licenses.

‘‘(3) DENIAL OF DRIVING PRIVILEGES.—Each State

participating in the test program shall deny an individual driving privileges if drug testing required by

paragraph (1) indicates that such individual has used

illicit drugs, with such denial lasting for a period of

at least 1 year following such test or subsequent confirmatory test.

‘‘(4) REINSTITUTION OF DRIVING PRIVILEGES.—The

program described in paragraph (3) may allow for reinstitution of driving privileges after a period of 3

months if such reinstitution is accompanied by a requirement that the individual be available for a period of 9 months for drug testing on a regular basis.

If any such test indicates that the individual has used

illicit drugs, then driving privileges must be denied

for 1 year following such test or confirmatory test.

‘‘(f) REGULATIONS.—The Secretary may issue regulations to assist States in implementing the programs described in subsection (e) and to grant temporary exceptions in appropriate circumstances.

‘‘(g) REPORT.—Not later than 30 months after the date

of the enactment of this Act [Nov. 18, 1988], the Secretary shall prepare and transmit to Congress a comprehensive report setting forth the results of the pilot

program conducted under this section. Such report

shall include any recommendations of the Secretary

concerning the desirability and implementation of a

system for random testing of such operators of motor

vehicles.

‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—For purposes of carrying out this test program, there is authorized to be appropriated $5,000,000 for fiscal year

1990.

‘‘(i) DEFINITIONS.—For purposes of this section—

‘‘(1) CONTROLLED SUBSTANCE.—The term ‘controlled

substance’ means any controlled substance as defined

under section 102(6) of the Controlled Substance Act

(21 U.S.C. 802(6)) whose use the Secretary has determined poses a risk to transportation safety.

‘‘(2) SECRETARY.—The term ‘Secretary’ means the

Secretary of Transportation.

‘‘(3) STATE.—The term ‘State’ has the meaning such

term has when used in chapter 1 of title 23, United

States Code.’’

DRUG AND HIGHWAY SAFETY STUDY AND REPORT

Pub. L. 99–570, title III, §3402, Oct. 27, 1986, 100 Stat.

3207–102, directed Secretary of Transportation to conduct a study to determine relationship between usage

of controlled substances and highway safety and, not

later than one year after Oct. 27, 1986, submit to Congress a report on results of study.

NATIONAL DRIVER REGISTER STUDY

Pub. L. 95–599, title II, §204, Nov. 6, 1978, 92 Stat. 2729,

directed Secretary of Transportation to make a full

and complete investigation and study of the need for,

and, if necessary, ways and means to establish, a national driver register to assist States in electronically

exchanging information regarding motor vehicle driving records of certain individuals, with Secretary to

issue a final report to Congress not later than one year

after Nov. 6, 1978.

DETECTION AND PREVENTION OF MARIJUANA AND OTHER

DRUG USE BY OPERATORS OF MOTOR VEHICLES

Pub. L. 95–599, title II, §212, Nov. 6, 1978, 92 Stat. 2734,

directed Secretary to report to Congress not later than

Dec. 31, 1979, concerning the progress of efforts to detect and prevent marijuana and drug use by motor vehicle operators, capabilities of law enforcement offi-
Page 189 TITLE 23—HIGHWAYS § 404

cials to detect the use of marijuana and drugs by motor

vehicle operators, and a description of Federal and

State projects undertaken into methods of detection

and prevention.

FORM AND USE OF REPORTS OF HIGHWAY TRAFFIC ACCIDENTS OR RESEARCH PROJECTS IN COURT; AVAILABILITY TO PUBLIC

Section 106 of Pub. L. 89–564 provided that: ‘‘All facts

contained in any report of any Federal department or

agency or any officer, employee, or agent thereof, relating to any highway traffic accident or the investigation thereof conducted pursuant to chapter 4 of title 23

of the United States Code shall be available for use in

any civil, criminal, or other judicial proceeding arising

out of such accident, and any such officer, employee, or

agent may be required to testify in such proceedings as

to the facts developed in such investigation. Any such

report shall be made available to the public in a manner which does not identify individuals. All completed

reports on research projects, demonstration projects,

and other related activities conducted under sections

307 and 403 of title 23, United States Code, shall be

made available to the public in a manner which does

not identify individuals.’’

APPROPRIATIONS AUTHORIZATIONS

Section 208(b) of Pub. L. 93–87 provided that: ‘‘There

is authorized to be appropriated to carry out the

amendments made by this section [amending this section] by the National Highway Traffic Safety Administration, out of the Highway Trust Fund, the sum of

$10,000,000 per fiscal year for each of the fiscal years

ending June 30, 1974, June 30, 1975, and June 30, 1976.’’

Section 226(b) of Pub. L. 93–87 provided that: ‘‘For the

purpose of carrying out the amendment made by subsection (a) of this section [amending this section],

there is authorized to be appropriated $10,000,000 out of

the Highway Trust Fund.’’

AUTHORIZATION OF ADDITIONAL APPROPRIATIONS

Authorization of appropriation of additional sum of

$10,000,000 for the fiscal year ending June 30, 1967,

$20,000,000 for the fiscal year ending June 30, 1968, and

$25,000,000 for the fiscal year ending June 30, 1969, for

the purpose of carrying out this section and section

307(a) of this title, see section 105 of Pub. L. 89–564, set

out as a note under section 307 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 402 of this title.

§ 404. National Highway Safety Advisory Committee

(a)(1) There is established in the Department

of Transportation a National Highway Safety

Advisory Committee, composed of the Secretary

or an officer of the Department appointed by

him, the Federal Highway Administrator, the

National Highway Traffic Safety Administrator,

and thirty-five members appointed by the President, no more than four of whom shall be Federal officers or employees. The Secretary shall

select the Chairman of the Committee from

among the Committee members. The appointed

members, having due regard for the purposes of

this chapter, shall be selected from among representatives of various State and local governments, including State legislatures, of public

and private interests contributing to, affected

by, or concerned with highway safety, including

the national organizations of passenger car, bus,

and truck owners, and of other public and private agencies, organizations, or groups demonstrating an active interest in highway safety,

as well as research scientists and other individuals who are expert in this field.

(2)(A) Each member appointed by the President shall hold office for a term of three years,

except that (i) any member appointed to fill a

vacancy occurring prior to the expiration of the

term for which his predecessor was appointed

shall be appointed for the remainder of such

term, and (ii) the terms of office of members

first taking office after the date of enactment of

this section shall expire as follows: Twelve at

the end of one year after the date such committee members are appointed by the President,

twelve at the end of two years after the date

such committee members are appointed by the

President, and eleven at the end of three years

after the date such committee members are appointed, as designated by the President at the

time of appointment, and (iii) the term of any

member shall be extended until the date on

which the successor’s appointment is effective.

None of the members appointed by the President

who has served a three-year term, other than

Federal officers or employees, shall be eligible

for reappointment within one year following the

end of his preceding term.

(B) Members of the Committee who are not officers or employees of the United States shall,

while attending meetings or conferences of such

Committee or otherwise engaged in the business

of such Committee, be entitled to receive compensation at a rate fixed by the Secretary, but

not exceeding $100 per diem, including traveltime, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized in section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b–2)

for persons in the Government service employed

intermittently. Payments under this section

shall not render members of the Committee employees or officials of the United States for any

purpose.

(b) The National Highway Safety Advisory

Committee shall advise, consult with, and make

recommendations to, the Secretary on matters

relating to the activities and functions of the

Department in the field of highway safety. The

Committee is authorized (1) to review research

projects or programs submitted to or recommended by it in the field of highway safety

and recommend to the Secretary, for prosecution under this title, any such projects which it

believes show promise of making valuable contributions to human knowledge with respect to

the cause and prevention of highway accidents;

and (2) to review, prior to issuance, standards

proposed to be issued by order of the Secretary

under the provisions of section 402(a) of this

title and to make recommendations thereon.

Such recommendations shall be published in

connection with the Secretary’s determination

or order.

(c) The National Highway Safety Advisory

Committee shall meet from time to time as the

Secretary shall direct, but at least once each

year.

(d) The Secretary shall provide to the National Highway Safety Committee from among

the personnel and facilities of the Department of