§ 402. Highway safety programs

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 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.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

Effective Date of 2015 Amendment

Except as otherwise provided, amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Amendment by section 4002 of Pub. L. 114–94 effective Oct. 1, 2016, see section 4015 of Pub. L. 114–94, set out as a note under section 164 of this title.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

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

Pub. L. 102–240, title II, § 2008, Dec. 18, 1991, 105 Stat. 2080, 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 section 3(c) of Pub. L. 98–363, set out as a note under section 401 of this title.

Effective Date of 1981 Amendment

Pub. L. 97–35, title XI, § 1107(c), Aug. 13, 1981, 95 Stat. 626, provided that the amendment made by that section is effective Oct. 1, 1982.

Effective Date of 1978 Amendment

Pub. L. 95–599, title II, § 207(b)(2), Nov. 6, 1978, 92 Stat. 2731, 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

Pub. L. 91–605, title II, § 203(b), Dec. 31, 1970, 84 Stat. 1741, 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.

Public Safety Messaging Campaign

Pub. L. 117–58, div. B, title IV, § 24110(b), Nov. 15, 2021, 135 Stat. 810, provided that: “(1) In general.—Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary [of Transportation] shall establish and implement a public safety messaging campaign that uses public safety media messages, posters, digital media messages, and other media messages distributed to States, State departments of motor vehicles, schools, and other public outlets—“(A) to highlight the importance of addressing the illegal passing of school buses; and “(B) to educate students and the public regarding the safe loading and unloading of schools [sic] buses. “(2) Consultation.—In carrying out paragraph (1), the Secretary shall consult with—“(A) representatives of the school bus industry from the public and private sectors; and “(B) States. “(3) Updates.—The Secretary shall periodically update the materials used in the campaign under paragraph (1).”

Safe Streets and Roads for All Grant Program

Pub. L. 117–58, div. B, title IV, § 24112, Nov. 15, 2021, 135 Stat. 815, provided that: “(a) Definitions.—In this section:“(1) Comprehensive safety action plan.—The term ‘comprehensive safety action plan’ means a plan aimed at preventing transportation-related fatalities and serious injuries in a locality, commonly referred to as a ‘Vision Zero’ or ‘Toward Zero Deaths’ plan, that may include—“(A) a goal and timeline for eliminating fatalities and serious injuries; “(B) an analysis of the location and severity of vehicle-involved crashes in a locality; “(C) an analysis of community input, gathered through public outreach and education; “(D) a data-driven approach to identify projects or strategies to prevent fatalities and serious injuries in a locality, such as those involving—“(i) education and community outreach; “(ii) effective methods to enforce traffic laws and regulations; “(iii) new vehicle or other transportation-related technologies; and “(iv) roadway planning and design; and “(E) mechanisms for evaluating the outcomes and effectiveness of the comprehensive safety action plan, including the means by which that effectiveness will be reported to residents in a locality. “(2) Eligible entity.—The term ‘eligible entity’ means—“(A) a metropolitan planning organization; “(B) a political subdivision of a State; “(C) a federally recognized Tribal government; and “(D) a multijurisdictional group of entities described in any of subparagraphs (A) through (C). “(3) Eligible project.—The term ‘eligible project’ means a project—“(A) to develop a comprehensive safety action plan; “(B) to conduct planning, design, and development activities for projects and strategies identified in a comprehensive safety action plan; or “(C) to carry out projects and strategies identified in a comprehensive safety action plan. “(4) Program.—The term ‘program’ means the Safe Streets and Roads for All program established under subsection (b). “(b) Establishment.—The Secretary [of Transportation] shall establish and carry out a program, to be known as the Safe Streets and Roads for All program, that supports local initiatives to prevent death and serious injury on roads and streets, commonly referred to as ‘Vision Zero’ or ‘Toward Zero Deaths’ initiatives. “(c) Grants.—“(1) In general.—In carrying out the program, the Secretary may make grants to eligible entities, on a competitive basis, in accordance with this section. “(2) Limitations.—“(A) In general.—Not more than 15 percent of the funds made available to carry out the program for a fiscal year may be awarded to eligible projects in a single State during that fiscal year. “(B) Planning grants.—Of the total amount made available to carry out the program for each fiscal year, not less than 40 percent shall be awarded to eligible projects described in subsection (a)(3)(A). “(d) Selection of Eligible Projects.—“(1) Solicitation.—Not later than 180 days after the date on which amounts are made available to provide grants under the program for a fiscal year, the Secretary shall solicit from eligible entities grant applications for eligible projects in accordance with this section. “(2) Applications.—“(A) In general.—To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application in such form and containing such information as the Secretary considers to be appropriate. “(B) Requirement.—An application for a grant under this paragraph shall include mechanisms for evaluating the success of applicable eligible projects and strategies. “(3) Considerations.—In awarding a grant under the program, the Secretary shall take into consideration the extent to which an eligible entity, and each eligible project proposed to be carried out by the eligible entity, as applicable—“(A) is likely to significantly reduce or eliminate transportation-related fatalities and serious injuries involving various road users, including pedestrians, bicyclists, public transportation users, motorists, and commercial operators, within the timeframe proposed by the eligible entity; “(B) demonstrates engagement with a variety of public and private stakeholders; “(C) seeks to adopt innovative technologies or strategies to promote safety; “(D) employs low-cost, high-impact strategies that can improve safety over a wider geographical area; “(E) ensures, or will ensure, equitable investment in the safety needs of underserved communities in preventing transportation-related fatalities and injuries; “(F) includes evidence-based projects or strategies; and “(G) achieves such other conditions as the Secretary considers to be necessary. “(4) Transparency.—“(A) In general.—The Secretary shall evaluate, through a methodology that is discernible and transparent to the public, the means by, and extent to, which each application under the program addresses any applicable merit criteria established by the Secretary. “(B) Publication.—The methodology under subparagraph (A) shall be published by the Secretary as part of the notice of funding opportunity under the program. “(e) Federal Share.—The Federal share of the cost of an eligible project carried out using a grant provided under the program shall not exceed 80 percent. “(f) Funding.—“(1) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2022 through 2026, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated. “(2) Administrative expenses.—Of the amounts made available to carry out the program for a fiscal year, the Secretary may retain not more than 2 percent for the administrative expenses of the program. “(3) Availability to eligible entities.—Amounts made available under a grant under the program shall remain available for use by the applicable eligible entity until the date that is 5 years after the date on which the grant is provided. “(g) Data Submission.—“(1) In general.—As a condition of receiving a grant under this program, an eligible entity shall submit to the Secretary, on a regular basis as established by the Secretary, data, information, or analyses collected or conducted in accordance with subsection (d)(3). “(2) Form.—The data, information, and analyses under paragraph (1) shall be submitted in such form such manner as may be prescribed by the Secretary. “(h) Reports.—Not later than 120 days after the end of the period of performance for a grant under the program, the eligible entity shall submit to the Secretary a report that describes—“(1) the costs of each eligible project carried out using the grant; “(2) the outcomes and benefits that each such eligible project has generated, as—“(A) identified in the grant application of the eligible entity; and “(B) measured by data, to the maximum extent practicable; and “(3) the lessons learned and any recommendations relating to future projects or strategies to prevent death and serious injury on roads and streets. “(i) Best Practices.—Based on the information submitted by eligible entities under subsection (g), the Secretary shall—“(1) periodically post on a publicly available website best practices and lessons learned for preventing transportation-related fatalities and serious injuries pursuant to strategies or interventions implemented under the program; and “(2) evaluate and incorporate, as appropriate, the effectiveness of strategies and interventions implemented under the program for the purpose of enriching revisions to the document entitled ‘Countermeasures That Work: A Highway Safety Countermeasure Guide for State Highway Safety Offices, Ninth Edition’ and numbered DOT HS 812 478 (or any successor document).”

Pedestrian and Cyclists Information and Enhanced Performance Management

Pub. L. 117–58, div. B, title IV, § 24113(b), Nov. 15, 2021, 135 Stat. 818, provided that: “(1) In general.—Not later than 2 years after the date of enactment of this Act [Nov. 15, 2021], the Secretary [of Transportation] shall implement the recommendations of the Comptroller General of the United States contained in the report entitled ‘Pedestrians and Cyclists: Better Information to States and Enhanced Performance Management Could Help DOT Improve Safety’, numbered GAO–21–405, and dated May 20, 2021, by—“(A) carrying out measures to collect information relating to the range of countermeasures implemented by States; “(B) analyzing that information to help advance knowledge regarding the effectiveness of those countermeasures; and “(C) sharing with States any results. “(2) Performance management practices.—The Administrator of the National Highway Traffic Safety Administration shall use performance management practices to guide pedestrian and cyclist safety activities by—“(A) developing performance measures for the Administration and program offices responsible for implementing pedestrian and cyclist safety activities to demonstrate the means by which those activities contribute to safety goals; and “(B) using performance information to make any necessary changes to advance pedestrian and cyclist safety efforts.”

Increasing Public Awareness of the Dangers of Drug-Impaired Driving

Pub. L. 114–94, div. A, title IV, § 4009, Dec. 4, 2015, 129 Stat. 1511, provided that: “(a) Additional Actions.—The Administrator of the National Highway Traffic Safety Administration, in consultation with the White House Office of National Drug Control Policy, the Secretary of Health and Human Services, State highway safety offices, and other interested parties, as determined by the Administrator, shall identify and carry out additional actions that should be undertaken by the Administration to assist States in their efforts to increase public awareness of the dangers of drug-impaired driving, including the dangers of driving while under the influence of heroin or prescription opioids. “(b) Report.—Not later than 60 days after the date of enactment of this Act [Dec. 4, 2015], the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the additional actions undertaken by the Administration pursuant to subsection (a).”

Regulatory Authority; State Matching Requirements; Grant Application and Deadline

Pub. L. 114–94, div. A, title IV, § 4001(d)–(f), Dec. 4, 2015, 129 Stat. 1498, provided that: “(d) Regulatory Authority.—Grants awarded under this title [title IV of div. A of Pub. L. 114–94, see Tables for classification] shall be carried out in accordance with regulations issued by the Secretary [of Transportation]. “(e) State Matching Requirements.—If a grant awarded under chapter 4 of title 23, United States Code, requires a State to share in the cost, the aggregate of all expenditures for highway safety activities made during a fiscal year by the State and its political subdivisions (exclusive of Federal funds) for carrying out the grant (other than planning and administration) shall be available for the purpose of crediting the State during such fiscal year for the non-Federal share of the cost of any other project carried out under chapter 4 of title 23, United States Code (other than planning or administration), without regard to whether such expenditures were made in connection with such project. “(f) Grant Application and Deadline.—To receive a grant under chapter 4 of title 23, United States Code, a State shall submit an application, and the Secretary shall establish a single deadline for such applications to enable the award of grants early in the next fiscal year.”

Similar provisions were contained in the following prior acts:

Pub. L. 112–141, div. C, title I, § 31101(d)–(f), July 6, 2012, 126 Stat. 733.

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, which required the Secretary of Transportation to establish and carry out a safe routes to school program for the benefit of children in primary and middle schools and apportioned funds to carry out such program to States, was repealed by Pub. L. 117–58, div. A, title I, § 11119(b)(2), Nov. 15, 2021, 135 Stat. 497, effective Oct. 1, 2021. See section 208 of this title.

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, as amended by Pub. L. 114–94, div. A, title IV, § 4011, Dec. 4, 2015, 129 Stat. 1512; Pub. L. 117–58, div. B, title V, § 25024, Nov. 15, 2021, 135 Stat. 879, provided that: “(a) Grants.—Subject to the requirements of this section, the Secretary [of Transportation] shall make grants to a State that—“(1) 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; or “(2) provides assurances satisfactory to the Secretary that the State is undertaking activities to comply with the requirements of paragraph (1). “(b) Use of Grant Funds.—A grant received by a State under subsection (a) shall be used by the State for the costs of—“(1) collecting and maintaining data on traffic stops; “(2) evaluating the results of the data; and “(3) developing and implementing programs, public outreach, and training to reduce the impact of traffic stops described in subsection (a)(1). “(c) Maximum Amount.—The total amount provided to a State under this section in any fiscal year may not exceed—“(1) for a State described in subsection (a)(1), 10 percent of the amount made available to carry out this section in that fiscal year; and “(2) for a State described in subsection (a)(2), 5 percent of the amount made available to carry out this section in that fiscal year. “(d) Funding.—“(1) In general.—From funds made available under section 403 of title 23, United States Code, the Secretary shall set aside $11,500,000 for each fiscal year to carry out this section. “(2) Contract authority.—Funds made available under 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. “(3) Technical assistance.—The Secretary may allocate not more than 10 percent of the amount made available to carry out this section in a fiscal year to provide technical assistance to States to carry out activities under this section. “(4) Other uses.—The Secretary may reallocate, before the last day of any fiscal year, amounts remaining available under paragraph (1) to increase the amounts made available to carry out any of other activities authorized under section 403 of title 23, United States Code, in order to ensure, to the maximum extent possible, that all such amounts are obligated during such fiscal year.”

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; Pub. L. 112–141, div. C, title I, § 31106, July 6, 2012, 126 Stat. 755; Pub. L. 113–159, title I, § 1101(a)(5)(B), Aug. 8, 2014, 128 Stat. 1843; Pub. L. 114–21, title I, § 1101(a)(5)(B), May 29, 2015, 129 Stat. 221; Pub. L. 114–41, title I, § 1101(a)(5)(B), July 31, 2015, 129 Stat. 447; Pub. L. 114–73, title I, § 1101(a)(5)(B), Oct. 29, 2015, 129 Stat. 571; Pub. L. 114–87, title I, § 1101(a)(5)(B), Nov. 20, 2015, 129 Stat. 680, provided that: “(a) In General.—The Administrator of the National Highway Traffic Safety Administration shall establish and administer a program under which at least 3 high-visibility traffic safety law enforcement campaigns will be carried out for the purposes specified in subsection (b) in each of fiscal years 2013 through 2015 and in the period beginning on October 1, 2015, and ending on December 4, 2015. The Administrator may also initiate and support additional campaigns in each of fiscal years 2013 through 2015 and in the period beginning on October 1, 2015, and ending on December 4, 2015, for the purposes specified in subsection (b). “(b) Purpose.—The purpose of each law enforcement campaign under this section shall be to achieve outcomes related to at least 1 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 and Internet-based outreach in carrying out traffic safety law enforcement campaigns under this section. Consideration shall be given to advertising 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, [former] 406, and [former] 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 subsection (c). “(f) 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, related to grants to States adopting programs for motorcyclist safety, prior to repeal by Pub. L. 112–141, div. C, title I, § 31109(g), July 6, 2012, 126 Stat. 757.

First Responder Vehicle Safety Program

Pub. L. 109–59, title II, § 2014, Aug. 10, 2005, 119 Stat. 1540, provided for a Federal program to promote compliance with State and local laws regarding first responder vehicle safety, prior to repeal by Pub. L. 112–141, div. C, title I, § 31109(j), July 6, 2012, 126 Stat. 757.

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, related to law enforcement training and police chase techniques, prior to repeal by Pub. L. 112–141, div. C, title I, § 31109(l), July 6, 2012, 126 Stat. 757, effective Oct. 1, 2012.

National Bicycle Safety Education Curriculum

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.”

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 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

Pub. L. 102–240, title I, § 1088, Dec. 18, 1991, 105 Stat. 2022, 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.

Obligation Limitation

Pub. L. 102–240, title II, § 2009(b), Dec. 18, 1991, 105 Stat. 2080, 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.”

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—“(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

Pub. L. 100–17, title I, § 161, Apr. 2, 1987, 101 Stat. 212, 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; “(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

Pub. L. 100–17, title II, § 204, Apr. 2, 1987, 101 Stat. 219, 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, 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 privileges 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

Pub. L. 95–599, title II, § 210, Nov. 6, 1978, 92 Stat. 2733, 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

Pub. L. 95–599, title II, § 214, Nov. 6, 1978, 92 Stat. 2734, 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

Pub. L. 94–280, title II, § 208(b), May 5, 1976, 90 Stat. 454, provided that the Secretary of Transportation would, in cooperation with the States, conduct an evaluation of the adequacy and appropriateness of all uniform safety standards established under this section in effect on May 5, 1976, and report the findings, together with recommendations, to Congress on or before July 1, 1977.

Report to Congress by July 1, 1967, on Initial Standards

Pub. L. 89–564, title II, § 203, Sept. 9, 1966, 80 Stat. 736, 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

Pub. L. 89–564, title I, § 104, Sept. 9, 1966, 80 Stat. 735, 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

Pub. L. 89–564, title II, § 204, Sept. 9, 1966, 80 Stat. 736, 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 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.

Executive Documents

Ex. Ord. No. 13043. Increasing Seat Belt Use in the United States

Ex. Ord. No. 13043, Apr. 16, 1997, 62 F.R. 19217, as amended by Ex. Ord. No. 13652, § 5, Sept. 30, 2013, 78 F.R. 61818, 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 on-the-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 on-the-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.

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. 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. 5. 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.

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, 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 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.

(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.