[Weekly Compilation of Presidential Documents Volume 33, Number 16 (Monday, April 21, 1997)]
[Pages 530-531]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13043--Increasing Seat Belt Use in the United States

April 16, 1997

    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

[[Page 531]]

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.

[Filed with the Office of the Federal Register, 11:04 a.m., April 17, 
1997]

Note: This Executive order was published in the Federal Register on 
April 18.