§ 404. High-visibility enforcement program

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1966

   Pub. L. 89–564 title I § 101 · 80 Stat. 731

   Enacted · 23 U.S.C. § 404

   Added Pub. L. 89–564, title I, § 101, Sept. 9, 1966, 80 Stat. 733

   Source evidence

   Code source credit
   Added Pub. L. 89–564, title I, § 101, Sept. 9, 1966, 80 Stat. 733

   Enacted provision · exact public law section
   Sec. 101. Title 23, United States Code, is hereby amended by adding at the end thereof a new chapter: “Chapter 4.— HIGHWAY SAFETY “Sec. “401. Authority of the Secretary. “402. Highway safety programs. “403. Highway safety research and development. “404. National Highway Safety Advisory Committee. “§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. “§402. Highway safety programs “(a) Each State shall have a highway safety program approved by the Secretary, designed to reduce traffic accidents and deaths, injuries, and property damage resulting therefrom. Such programs shall be Uniform standards. in accordance with uniform standards promulgated by the Secretary. Such uniform standards shall be expressed in terms of performance criteria. Such uniform standards shall be promulgated by the Secretary so as to improve driver performance (including, but not limited to, driver education, driver testing to determine proficiency to operate motor vehicles, driver examinations (both physical and mental) and driver licensing) and to improve pedestrian performance. In addition such uniform standards shall include, but not be limited to, provisions for an effective record system of accidents (including injuries and deaths resulting therefrom), accident investigations to determine the probable causes of accidents, injuries, and deaths, vehicle registration, operation, and inspection, highway design and maintenance (including lighting, markings, and surface treatment), traffic control, vehicle codes and laws, surveillance of traffic for detection and correction of high or potentially high accident locations, and emergency services. Such standards as are applicable to State highway safety programs shall, to the extent determined appropriate by the Secretary, be applicable to federally administered areas where a Federal department or agency controls the highways or supervises traffic operations. The Secretary shall be authorized to amend or waive standards on a temporary basis for the purpose of evaluating new or different highway safety programs instituted on an experimental, pilot, or demonstration basis by one or more States, where the Secretary finds that the public interest would be served by such amendment or waiver. “(b) (1) The Secretary shall not approve any State highway safety program under this section which does not— “(A) provide that the Governor of the State shall be responsible for the administration of the program. “(B) authorize political subdivisions of such State to carry out local highway safety programs within their jurisdictions as a part of the State highway safety program if such local highway safety programs are approved by the Governor and are in accordance with the uniform standards of the Secretary promulgated under this section. “(C) provide that at least 40 per centum of all Federal funds apportioned under this section to such State for any fiscal year will be expended by the political subdivisions of such State in carrying out local highway safety programs authorized in accordance with subparagraph (B) of this paragraph. “(D) provide that the aggregate expenditure of funds of the State and political subdivisions thereof, exclusive of Federal funds, for highway safety programs will be maintained at a level which does not fall below the average level of such expenditures for its last two full fiscal years preceding the date of enactment of this section. “(E) provide for comprehensive driver training programs, including (1) the initiation of a State program for driver education in the school systems or for a significant expansion and improvement of such a. program already in existence, to be administered by appropriate school officials under the supervision of the Governor as set forth in subparagraph (A) of this paragraph; (2) the training of qualified school instructors and their certification; (3) appropriate regulation of other driver training schools, including licensing of the schools and certification of their instructors; (4) adult driver training programs, and programs for the retraining of selected drivers; and (5) adequate research, development and procurement of practice driving facilities, simulators, and other similar teaching aids for both school and other driver training use. “(2) The Secretary is authorized to waive the requirement of subparagraph (C) of paragraph (1) of this subsection, in whole or in part, for a fiscal year for any State whenever he determines that there is an insufficient number of local highway safety programs to justify the expenditure in such State of such percentage of Federal funds during such fiscal year. “(c) Funds authorized to be appropriated to carry out this section shall be used to aid the States to conduct the highway safety programs approved in accordance with subsection (a), shall be subject to a deduction not to exceed 5 per centum for the necessary costs of administering the provisions of this section, and the remainder shall be apportioned among the several States. For the fiscal years ending June 30, 1967, June 30, 1968, and June 30, 1969, such funds shall be apportioned 75 per centum on the basis of population and 25 per centum as the Secretary in his administrative discretion may deem appropriate and thereafter such funds shall be apportioned as Congress, by law enacted hereafter, shall provide. On or before January 1, 1969, the Secretary shall report to Congress his recommendations with respect to a nondiscretionary formula for apportionment of funds authorized to carry out this section for the fiscal year ending June 30, 1970, and fiscal years thereafter. After December 31, 1968, the Secretary shall not apportion any funds under this subsection to any State which is not implementing a highway safety program approved by the Secretary in accordance with this section. Federal aid highway funds apportioned on or after January 1, 1969, to any State which is not implementing a highway safety program approved by the Secretary in accordance with this section shall be reduced by amounts equal to 10 per centum of the amounts which would otherwise be apportioned to such State under section 104 of this title, until such time as such State is implementing an approved highway safety program. Whenever he determines it to be in the public interest, the Secretary may suspend, for such periods as he deems necessary, the application of the preceding sentence to a State. Any amount which is withheld from apportionment to any State under this section shall be reapportioned to the other States in accordance with the applicable provisions of law. “(d) All provisions of chapter 1 of this title that are applicable to Federal-aid primary highway funds other than provisions relating to the apportionment formula and provisions limiting the expenditure of such funds to the Federal-aid systems, shall apply to the highway safety funds authorized to be appropriated to carry out this section, except as determined by the Secretary to be inconsistent with this section. In applying such provisions of chapter 1 in carrying out this section the term “State highway department’ as used in such provisions shall mean the Governor of a State for the purposes of this section. “(e) Uniform standards promulgated by the Secretary to carry out this section shall be developed in cooperation with the States, their political subdivisions, appropriate Federal departments and agencies, and such other public and private organizations as the Secretary deems appropriate. “(f) The Secretary may make arrangements with other Federal departments and agencies for assistance in the preparation of uniform standards for the highway safety programs contemplated by subsection (a) and in the administration of such programs. Such departments and agencies are directed to cooperate in such preparation and administration, on a reimbursable basis. “(g) Nothing in this section authorizes the appropriation or expenditure of funds for (1) highway construction, maintenance, or design (other than design of safety features of highways to be incorporated into standards) or (2) any purpose for which funds are authorized by section 403 of this title. “§403. Highway safety research and development “The Secretary is authorized to use funds appropriated to carry out this section 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 (1) grants to State or local agencies, institutions, and individuals for 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 are deemed by the Secretary to be necessary to carry out the purposes of this section. “§404. National Highway Safety Advisory Committee “(a) (1) There is established in the Department of Commerce a National Highway Safety Advisory Committee, composed of the Secretary or an officer of the Department appointed by him, who shall be chairman, the Federal Highway Administrator, and twenty-nine members appointed by the President, no more than four of whom shall be Federal officers or employees. 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, 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: ten at the end of one year after such date, ten at the end of two years after such date, and nine at the end of three years after such date, 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 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 lien of subsistence, as authorized in section 5 of the Administrative Expenses Act of 1946 (5 U. S. C. 60 Stat. 808; 75 Stat. 339, 340. 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 Commerce such staff and facilities as are necessary to carry out the functions of such Committee.”

2. 1967

   Pub. L. 90–150 § 1(1) · 81 Stat. 507

   Substituted · 23 U.S.C. § 404(a)(1)

   Pub. L. 90–150, § 1(1), substituted “Department of Transportation” for “Department of Commerce”, increased number of Committee appointees from twenty-nine to thirty-five, and provided for selection of members from representatives of national organizations of passenger car, bus, and truck owners

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 90–150, § 1(1), substituted “Department of Transportation” for “Department of Commerce”, increased number of Committee appointees from twenty-nine to thirty-five, and provided for selection of members from representatives of national organizations of passenger car, bus, and truck owners.

   Enacted provision · exact public law section
   (1) striking subsection (a)(1) thereof and inserting in lieu thereof the following: “(a) (1) There is established in the Department of Transportation Advisory Committee. a National Highway Safety Advisory Committee, composed of the Secretary or an officer of the Department appointed by him, who shall be Chairman, the Federal Highway Administrator, and thirty-five members appointed by the President, no more than four of whom shall be. Federal officers or employees. 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.”

3. 1967

   Pub. L. 90–150 § 1(2) · 81 Stat. 507

   Substituted · 23 U.S.C. § 404(a)(2)(A)

   Pub. L. 90–150, § 1(2), substituted provisions for expirations of term of office of initial appointees one, two, and three years after date of appointment for twelve, twelve, and eleven members, respectively, for former provisions for such expiration one, two, and three years following enactment date of Sept. 9, 1966, for ten, ten, and nine members, respectively, and prohibited reappointment within one year after end of preceding term of member serving a three-year term of office

   Source evidence

   Code amendment note
   Subsec. (a)(2)(A). Pub. L. 90–150, § 1(2), substituted provisions for expirations of term of office of initial appointees one, two, and three years after date of appointment for twelve, twelve, and eleven members, respectively, for former provisions for such expiration one, two, and three years following enactment date of Sept. 9, 1966, for ten, ten, and nine members, respectively, and prohibited reappointment within one year after end of preceding term of member serving a three-year term of office.

   Enacted provision · exact public law section
   (1) striking subsection (a)(1) thereof and inserting in lieu thereof the following: “(a) (1) There is established in the Department of Transportation Advisory Committee. a National Highway Safety Advisory Committee, composed of the Secretary or an officer of the Department appointed by him, who shall be Chairman, the Federal Highway Administrator, and thirty-five members appointed by the President, no more than four of whom shall be. Federal officers or employees. 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.”

4. 1973

   Highway Safety Act of 1973

   Pub. L. 93–87 title II § 223 · 87 Stat. 250

   Added · 23 U.S.C. § 404(a)(1)

   Pub. L. 93–87 added the National Highway Traffic Safety Administrator to the membership of the National Highway Safety Advisory Committee

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 93–87 added the National Highway Traffic Safety Administrator to the membership of the National Highway Safety Advisory Committee.

   Enacted provision · exact public law section
   Sec. 223. national highway safety advisory committee Subsection (a)(1) of section 404 of title 23, United States 81 Stat. 507. Code, is amended by inserting immediately after “Federal Highway Administrator,” the following: “the National Highway Traffic Safety Administrator,”.

5. 1976

   Pub. L. 94–280 title II § 209 · 90 Stat. 425

   Substituted · 23 U.S.C. § 404(a)(1)

   Pub. L. 94–280 substituted provision for selection by the Secretary of the Chairman of the Committee from among the Committee members for prior provision making the Secretary or an officer of the Department appointed by him the Chairman of the Committee

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 94–280 substituted provision for selection by the Secretary of the Chairman of the Committee from among the Committee members for prior provision making the Secretary or an officer of the Department appointed by him the Chairman of the Committee.

   Enacted provision · exact public law section
   Sec. 209. national highway safety advisory committee Section 404(a)(1) of title 23, United States Code, is amended by deleting “who shall be Chairman,” from the first sentence thereof, and by adding immediately after such first sentence the following: “The Secretary shall select the Chairman of the Committee from among the Committee members.”.

6. 2005

   Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

   Pub. L. 109–59 title II § 2019 · 119 Stat. 1144

   Substituted · 23 U.S.C. § 404(d)

   Pub. L. 109–59 substituted “Transportation” for “Commerce”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 109–59 substituted “Transportation” for “Commerce”.

   Enacted provision · exact public law section
   SEC. 2019. NATIONAL HIGHWAY SAFETY ADVISORY COMMITTEE TECHNICAL CORRECTION.   Section 404(d) of title 23, United States Code, is amended by striking “Commerce” and inserting “Transportation”.

7. 2015

   Fixing America’s Surface Transportation Act

   Pub. L. 114–94 div. A title IV § 4004(a) · 129 Stat. 1312

   1. Amended · 23 U.S.C. § 404

      Pub. L. 114–94 amended section generally

   2. Substituted · 23 U.S.C. § 404

      Pub. L. 114–94 substituting provisions relating to the high-visibility enforcement program for provisions relating to the National Highway Safety Advisory Committee

   Source evidence

   Code amendment note
   Pub. L. 114–94 amended section generally, substituting provisions relating to the high-visibility enforcement program for provisions relating to the National Highway Safety Advisory Committee.

   Enacted provision · exact public law section
   (a) In General.— Section 404 of title 23, United States Code, is amended to read as follows: “§ 404. High-visibility enforcement program “(a) In General.— The Secretary shall establish and administer a program under which not less than 3 campaigns will be carried out in each of fiscal years 2016 through 2020. “(b) Purpose.— The purpose of each campaign carried out under this section shall be to achieve outcomes related to not less than 1 of the following objectives: “(1) Reduce alcohol-impaired or drug-impaired operation of motor vehicles. “(2) Increase use of seatbelts by occupants of motor vehicles. “(c) Advertising.— The Secretary 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 campaigns under this section. In allocating such funds, consideration shall be given to advertising directed at non-English speaking populations, including those who listen to, read, or watch nontraditional media. “(d) Coordination With States.— The Secretary shall coordinate with States in carrying out the campaigns under this section, including advertising funded under subsection (c), with consideration given to— “(1) relying on States to provide law enforcement resources for the campaigns out of funding made available under sections 402 and 405; 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 campaigns. “(e) Use of Funds.— Funds made available to carry out this section may be used only for activities described in subsection (c). “(f) Definitions.— In this section, the following definitions apply: “(1) Campaign.— The term ‘campaign’ means a high-visibility traffic safety law enforcement campaign. “(2) State.— The term ‘State’ has the meaning given that term in section 401.” .

   Effective date note
   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.

8. 2021

   Surface Transportation Investment Act of 2021

   Pub. L. 117–58 div. B title IV § 24104 · 135 Stat. 429

   Substituted · 23 U.S.C. § 404(a)

   Pub. L. 117–58 substituted “each of fiscal years 2022 through 2026” for “each of fiscal years 2016 through 2020”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 117–58 substituted “each of fiscal years 2022 through 2026” for “each of fiscal years 2016 through 2020”.

   Enacted provision · exact public law section
   SEC. 24104. HIGH-VISIBILITY ENFORCEMENT PROGRAMS.   Section 404(a) of title 23, United States Code, is amended by striking “each of fiscal years 2016 through 2020” and inserting “each of fiscal years 2022 through 2026”.

9 of 9 references resolved to an enrolled provision