[Federal Register Volume 74, Number 192 (Tuesday, October 6, 2009)]
[Presidential Documents]
[Pages 51225-51227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24203]
Presidential Documents
Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 /
Presidential Documents
[[Page 51225]]
Executive Order 13513 of October 1, 2009
Federal Leadership On Reducing Text Messaging
While Driving
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., 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
[[Page 51226]]
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.
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(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.
(Presidential Sig.)
THE WHITE HOUSE,
October 1, 2009.
[FR Doc. E9-24203
Filed 10-5-09; 8:45 am]
Billing code 3195-W9-P