EO 13043 Increasing Seat Belt Use in the U.S. Concerns Indians
THE WHITE HOUSE
Office of the Press Secretary
________________________________________________________________________
For Immediate Release April 16, 1997
EXECUTIVE ORDER 13043
- - - - - - -
INCREASING SEAT BELT USE IN THE UNITED STATES
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. Reporting Requirements. The Secretary of
Transportation, in cooperation with the heads of executive
branch agencies, and after consultation with the judicial
and legislative branches of Government, shall submit an annual
report to the President. The report shall include seat belt
use rates and statistics of crashes, injuries, and related costs
involving Federal employees on official business and occupants
of motor vehicles driven in national park areas, on Defense
installations, and on highways in Indian Country. The report
also shall identify specific agency programs that have made
significant progress towards achieving the goals of this order
or are notable and deserving of recognition. All agencies of
the executive branch shall provide information to, and otherwise
cooperate with, the Secretary of Transportation to assist with
the preparation of the annual report.
Sec. 5. 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. 6. 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.
WILLIAM J. CLINTON
THE WHITE HOUSE,
April 16, 1997.
# # #
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release April 16, 1997
EXECUTIVE ORDER 13043
- - - - - - -
INCREASING SEAT BELT USE IN THE UNITED STATES
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. Reporting Requirements. The Secretary of Transportation, in cooperation with the heads of executive branch agencies, and after consultation with the judicial and legislative branches of Government, shall submit an annual report to the President. The report shall include seat belt use rates and statistics of crashes, injuries, and related costs involving Federal employees on official business and occupants of motor vehicles driven in national park areas, on Defense installations, and on highways in Indian Country. The report also shall identify specific agency programs that have made significant progress towards achieving the goals of this order or are notable and deserving of recognition. All agencies of the executive branch shall provide information to, and otherwise cooperate with, the Secretary of Transportation to assist with the preparation of the annual report.
Sec. 5. 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. 6. 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.
WILLIAM J. CLINTON
THE WHITE HOUSE,
April 16, 1997.
# # #
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