§ 401. Authority of the Secretary

§ 401. Authority of the Secretary

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

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

Editorial Notes

Amendments

1987—Pub. L. 100–17 inserted reference in second sentence to Commonwealth of the Northern Mariana Islands.

1984—Pub. L. 98–363 struck out “, except that all expenditures for carrying out this chapter in the Virgin Islands, Guam, and American Samoa shall be paid out of money in the Treasury not otherwise appropriated” after “and American Samoa”.

1973—Pub. L. 93–87 inserted definition of “State” and provided that all expenditures for carrying out this chapter in the Virgin Islands, Guam, and American Samoa shall be paid out of money in the Treasury not otherwise appropriated.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Pub. L. 98–363, § 3(c), July 17, 1984, 98 Stat. 436, provided that: “The amendments made by subsections (a) and (b) [amending this section and section 402 of this title] shall apply to fiscal years beginning after the date of enactment of this Act [July 17, 1984].”

Short Title of 1991 Amendment

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

Short Title of 1988 Amendment

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

Short Title of 1987 Amendment

Pub. L. 100–17, title II, § 201, Apr. 2, 1987, 101 Stat. 218, provided that: “This title [amending sections 402 and 408 of this title and section 2314 of former Title 49, Transportation, enacting provisions set out as notes under this section, section 402 of this title, and section 2204 of former Title 49, and amending provisions set out as a note under this section] be cited as the ‘Highway Safety Act of 1987’.”

Short Title of 1983 Amendment

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

Short Title of 1978 Amendment

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

Short Title of 1976 Amendment

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

Short Title of 1973 Amendment

Pub. L. 93–87, title II, § 201, Aug. 13, 1973, 87 Stat. 282, provided that: “This title [enacting sections 151 to 153 and 405 of this title, amending this section and sections 104 and 402 to 404 of this title, and enacting provisions set out as notes under this section and sections 130, 144, 151, 217, and 403 of this title] may be cited as the ‘Highway Safety Act of 1973’.”

Short Title of 1970 Amendment

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

Short Title

Pub. L. 89–564, title II, § 208, Sept. 9, 1966, 80 Stat. 737, provided that: “This Act [enacting this chapter, amending sections 105 and 307 of this title, repealing sections 135 and 313 of this title, and enacting provisions set out as notes under this section and sections 303, 307, 402, and 403 of this title] may be cited as the ‘Highway Safety Act of 1966’.”

Transportation Management Plans

Pub. L. 117–58, div. A, title I, § 11303, Nov. 15, 2021, 135 Stat. 530, provided that: “(a) In General.—The Secretary [of Transportation] shall amend section 630.1010(c) of title 23, Code of Federal Regulations, to ensure that only a project described in that subsection with a lane closure for 3 or more consecutive days shall be considered to be a significant project for purposes of that section. “(b) Non-Interstate Projects.—Notwithstanding any other provision of law, a State shall not be required to develop or implement a transportation management plan (as described in section 630.1012 of title 23, Code of Federal Regulations (or successor regulations)) for a highway project not on the Interstate System if the project requires not more than 3 consecutive days of lane closures.”

Highway Safety Grants Emergency Authority

Pub. L. 116–260, div. N, title IV, § 442, Dec. 27, 2020, 134 Stat. 2069, provided that: “Notwithstanding any other provision of law, in fiscal year 2021, the Secretary of Transportation may exercise the authority provided by section 22005 of division B of the CARES Act (23 U.S.C. 401 note [set out below]; Public Law 116–136).”

Pub. L. 116–136, div. B, title XII, § 22005, Mar. 27, 2020, 134 Stat. 613, provided that: “(a) In General.—The Secretary of Transportation (referred to in this section as the ‘Secretary’) may waive or postpone any requirement under section 402, 404, 405, or 412 of title 23, United States Code, section 4001 of the FAST Act (Public Law 114–94; 129 Stat. 1497) [23 U.S.C. 401 note, 402 note], or part 1300 of title 23, Code of Federal Regulations (or successor regulations), if the Secretary determines that—“(1) the Coronavirus Disease 2019 (COVID–19) is having a substantial impact on—“(A) the ability of States to implement or carry out any grant, campaign, or program under those provisions; or “(B) the ability of the Secretary to carry out any responsibility of the Secretary with respect to a grant, campaign, or program under those provisions; or “(2) the requirements of those provisions are having a substantial impact on the ability of States or the Secretary to address the Coronavirus Disease 2019 (COVID–19). “(b) Report.—The Secretary shall periodically submit to the relevant committees of Congress a report describing—“(1) each determination made by the Secretary under subsection (a); and “(2) each waiver or postponement of a requirement under that subsection. “(c) Emergency Requirement.—The amount provided by this section is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 901(b)(2)(A)(i)].”

Wildlife Vehicle Collision Reduction Study

Pub. L. 109–59, title I, § 1119(n), Aug. 10, 2005, 119 Stat. 1190, provided that: “(1) In general.—The Secretary [of Transportation] shall conduct a study of methods to reduce collisions between motor vehicles and wildlife (in this subsection referred to as ‘wildlife vehicle collisions’). “(2) Contents.—“(A) Areas of study.—The study shall include an assessment of the causes and impacts of wildlife vehicle collisions and solutions and best practices for reducing such collisions. “(B) Methods for conducting the study.—In carrying out the study, the Secretary shall—“(i) conduct a thorough literature review; and “(ii) survey current practices of the Department of Transportation. “(3) Consultation.—In carrying out the study, the Secretary shall consult with appropriate experts in the field of wildlife vehicle collisions. “(4) Report.—“(A) In general.—Not later than 2 years after the date of enactment of this Act [Aug. 10, 2005], the Secretary shall submit to Congress a report on the results of the study. “(B) Contents.—The report shall include a description of each of the following:“(i) Causes of wildlife vehicle collisions. “(ii) Impacts of wildlife vehicle collisions. “(iii) Solutions to and prevention of wildlife vehicle collisions. “(5) Manual.—“(A) Development.—Based upon the results of the study, the Secretary shall develop a best practices manual to support State efforts to reduce wildlife vehicle collisions. “(B) Availability.—The manual shall be made available to States not later than 1 year after the date of transmission of the report under paragraph (4). “(C) Contents.—The manual shall include, at a minimum, the following:“(i) A list of best practices addressing wildlife vehicle collisions. “(ii) A list of information, technical, and funding resources for addressing wildlife vehicle collisions. “(iii) Recommendations for addressing wildlife vehicle collisions. “(iv) Guidance for developing a State action plan to address wildlife vehicle collisions. “(6) Training.—Based upon the manual developed under paragraph (5), the Secretary shall develop a training course on addressing wildlife vehicle collisions for transportation professionals.”

Worker Injury Prevention and Free Flow of Vehicular Traffic

Pub. L. 109–59, title I, § 1402, Aug. 10, 2005, 119 Stat. 1227, provided that: “Not later than 1 year after the date of enactment of this Act [Aug. 10, 2005], the Secretary [of Transportation] shall issue regulations to decrease the likelihood of worker injury and maintain the free flow of vehicular traffic by requiring workers whose duties place them on or in close proximity to a Federal-aid highway (as defined in section 101 of title 23, United States Code) to wear high visibility garments. The regulations may also require such other worker-safety measures for workers with those duties as the Secretary determines to be appropriate.”

Roadway Safety Improvements for Older Drivers and Pedestrians

Pub. L. 109–59, title I, § 1405, Aug. 10, 2005, 119 Stat. 1230, provided that: “(a) In General.—The Secretary [of Transportation] shall carry out a program to improve traffic signs and pavement markings in all States (as such term is defined in section 101 of title 23, United States Code) in a manner consistent with the recommendations included in the publication of the Federal Highway Administration entitled ‘Guidelines and Recommendations to Accommodate Older Drivers and Pedestrians (FHWA–RD–01–103)’ and dated October 2001. “(b) Federal Share.—The Federal share of the cost of a project carried out under this section shall be determined in accordance with section 120 of title 23, United States Code. “(c) Authorization of Appropriations.—There is authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2005 through 2009.”

Work Zone and Guard Rail Safety Training

Pub. L. 109–59, title I, § 1409(a)–(c), Aug. 10, 2005, 119 Stat. 1232, as amended by Pub. L. 114–94, div. A, title I, § 1417(a)(2), Dec. 4, 2015, 129 Stat. 1423, provided that: “(a) In General.—The Secretary [of Transportation] shall establish and implement a work zone safety grant program under which the Secretary may make grants to nonprofit organizations and not-for-profit organizations to provide training to prevent or reduce highway work zone injuries and fatalities. “(b) Eligible Activities.—Grants may be made under the program for the following purposes:“(1) Training for construction craft workers on the prevention of injuries and fatalities in highway and road construction. “(2) Development of guidelines for the prevention of highway work zone injuries and fatalities. “(3) Training for State and local government transportation agencies and other groups implementing guidelines for the prevention of highway work zone injuries and fatalities. “(4) Development, updating, and delivery of training courses on guard rail installation, maintenance, and inspection. “(c) Funding.—“(1) In general.—There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $5,000,000 for each of fiscal years 2006 through 2009. “(2) Contract authority.—Funds authorized by 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 that such funds shall not be transferable.”

Prohibition on Other Uses

Pub. L. 117–58, div. B, title IV, § 24101(b), Nov. 15, 2021, 135 Stat. 784, provided that: “Except as otherwise provided in chapter 4 of title 23, and chapter 303 of title 49, United States Code, the amounts made available under subsection (a) [of section 24101 of Pub. L. 117–58, 135 Stat. 784] or any other provision of law from the Highway Trust Fund (other than the Mass Transit Account) for a program under those chapters— “(1) shall only be used to carry out that program; and “(2) may not be used by a State or local government for construction purposes.”

Similar provisions were contained in the following prior acts:

Pub. L. 114–94, div. A, title IV, § 4001(b), Dec. 4, 2015, 129 Stat. 1498.

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

Pub. L. 109–59, title II, § 2001(b), Aug. 10, 2005, 119 Stat. 1520.

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

Pub. L. 105–178, title I, § 1213(c), June 9, 1998, 112 Stat. 200, provided that the Secretary, in consultation with the States, State transportation departments, and law enforcement organizations, would conduct a study on the extent and effectiveness of use by States of uniformed police officers on Federal-aid highway construction projects, and would submit to Congress, not later than 2 years after June 9, 1998, a report on the results of the study, including any legislative and administrative recommendations.

Radio and Microwave Technology for Motor Vehicle Safety Warning System