Presidential Documents

Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Presidential Documents 51225 

Executive Order 13513 of October 1, 2009 

Federal Leadership On Reducing Text Messaging While Driving 

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., 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, endangering both 

themselves and others. Every day, Federal employees drive Governmentowned, Government-leased, 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 e-mail 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 


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51226 Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Presidential Documents 

agencies that are engaged in or used for protective, law enforcement, 

or national security responsibilities or on the basis of other emergency 

conditions. 

Sec. 4. Text Messaging While Driving by Government Contractors, Subcontractors, and Recipients and Subrecipients. Each Federal agency, in procurement 

contracts, grants, and cooperative agreements, and other grants to the extent 

authorized by applicable statutory authority, entered into after the date 

of this order, shall encourage contractors, subcontractors, and recipients 

and subrecipients to adopt and enforce policies that ban text messaging 

while driving company-owned or -rented vehicles or GOV, or while driving 

POV when on official Government business or when performing any work 

for or on behalf of the Government. Agencies should also encourage Federal 

contractors, subcontractors, and grant recipients and subrecipients as described in this section to conduct initiatives of the type described in section 

3(a) of this order. 

Sec. 5. Coordination. The Secretary of Transportation, in consultation with 

the Administrator of General Services and the Director of the Office of 

Personnel Management, shall provide leadership and guidance to the heads 

of executive branch agencies to assist them with any action pursuant to 

this order. 

Sec. 6. Definitions. 

(a) The term ‘‘agency’’ as used in this order means an executive agency, 

as defined in 5 U.S.C. 105, except for the Government Accountability 

Office. 

(b) ‘‘Texting’’ or ‘‘Text Messaging’’ means reading from or entering data 

into any handheld or other electronic device, including for the purpose 

of SMS texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or 

electronic data communication. 

(c) ‘‘Driving’’ means operating a motor vehicle on an active roadway 

with the motor running, including while temporarily stationary because 

of traffic, a traffic light or stop sign, or otherwise. It does not include 

operating a motor vehicle with or without the motor running when one 

has pulled over to the side of, or off, an active roadway and has halted 

in a location where one can safely remain stationary. 

Sec. 7. General Provisions. (a) Nothing in this order shall be construed 

to impair or otherwise affect or alter: 

(i) Authority granted by law or Executive Order to an agency, or the 

head thereof; 

(ii) Powers and duties of the heads of the various departments and 

agencies pursuant to the Highway Safety Act of 1966, as amended, 

23 U.S.C. 402 and 403, section 19 of the Occupational Safety and 

Health Act of 1970, as amended, 29 U.S.C. 668, sections 7901 and 

7902 of title 5, United States Code, or the Federal 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. 


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(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. 

THE WHITE HOUSE, 

October 1, 2009. 

[FR Doc. E9–24203 

Filed 10–5–09; 8:45 am] 

Billing code 3195–W9–P 


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