[Federal Register Volume 74, Number 192 (Tuesday, October 6, 2009)]
[Presidential Documents]
[Pages 51225-51227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24203]




                        Presidential Documents 



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

[[Page 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 Government-owned, 
                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

[[Page 51226]]

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.

[[Page 51227]]

(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.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>

                    (Presidential Sig.)

                THE WHITE HOUSE,

                    October 1, 2009.

[FR Doc. E9-24203
Filed 10-5-09; 8:45 am]
Billing code 3195-W9-P