23 U.S.C. § 401 Authority of the Secretary

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-21 (published on www.congress.gov on 11/13/2023)

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.

Cite as 23 U.S.C. § 401

Source: 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.

Notes from the Office of Law Revision Counsel

current through 5/22/2023

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, §20012001,, 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, §113031303,, 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, §220052005,, 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