23 U.S.C. § 407
Section 407 · Innovative project grants
Amended 5 times on record
Applied in 1 court decisions — leading case Garcia v. N.M. Dep’t of Transp. (2023)
Most recently applied in Garcia v. N.M. Dep’t of Transp. (June 2023)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for the purpose of identifying, evaluating, or planning the safety enhancement of potential accident sites, hazardous roadway conditions, or railway-highway crossings, pursuant to sections 130, 144, and 148 of this title or for the purpose of developing any highway safety construction improvement project which may be implemented utilizing Federal-aid highway funds shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such reports, surveys, schedules, lists, or data.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Editorial Notes
Prior Provisions
A prior section 407, added Pub. L. 95–599, title II, §208(a), Nov. 6, 1978, 92 Stat. 2732, related to innovative project grants, prior to repeal by Pub. L. 112–141, §3(a), div. C, title I, §31109(c), July 6, 2012, 126 Stat. 413, 756, effective Oct. 1, 2012.
Amendments
2021—Pub. L. 117–58, which directed the amendment of this chapter by renumbering section 409 "and" section 407, was executed by renumbering section 409 as this section as if "and" had read "as", to reflect the probable intent of Congress.