Page 189 TITLE 23—HIGHWAYS § 404

cials to detect the use of marijuana and drugs by motor

vehicle operators, and a description of Federal and

State projects undertaken into methods of detection

and prevention.

FORM AND USE OF REPORTS OF HIGHWAY TRAFFIC ACCIDENTS OR RESEARCH PROJECTS IN COURT; AVAILABILITY TO PUBLIC

Section 106 of Pub. L. 89–564 provided that: ‘‘All facts

contained in any report of any Federal department or

agency or any officer, employee, or agent thereof, relating to any highway traffic accident or the investigation thereof conducted pursuant to chapter 4 of title 23

of the United States Code shall be available for use in

any civil, criminal, or other judicial proceeding arising

out of such accident, and any such officer, employee, or

agent may be required to testify in such proceedings as

to the facts developed in such investigation. Any such

report shall be made available to the public in a manner which does not identify individuals. All completed

reports on research projects, demonstration projects,

and other related activities conducted under sections

307 and 403 of title 23, United States Code, shall be

made available to the public in a manner which does

not identify individuals.’’

APPROPRIATIONS AUTHORIZATIONS

Section 208(b) of Pub. L. 93–87 provided that: ‘‘There

is authorized to be appropriated to carry out the

amendments made by this section [amending this section] by the National Highway Traffic Safety Administration, out of the Highway Trust Fund, the sum of

$10,000,000 per fiscal year for each of the fiscal years

ending June 30, 1974, June 30, 1975, and June 30, 1976.’’

Section 226(b) of Pub. L. 93–87 provided that: ‘‘For the

purpose of carrying out the amendment made by subsection (a) of this section [amending this section],

there is authorized to be appropriated $10,000,000 out of

the Highway Trust Fund.’’

AUTHORIZATION OF ADDITIONAL APPROPRIATIONS

Authorization of appropriation of additional sum of

$10,000,000 for the fiscal year ending June 30, 1967,

$20,000,000 for the fiscal year ending June 30, 1968, and

$25,000,000 for the fiscal year ending June 30, 1969, for

the purpose of carrying out this section and section

307(a) of this title, see section 105 of Pub. L. 89–564, set

out as a note under section 307 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 402 of this title.

§ 404. National Highway Safety Advisory Committee

(a)(1) There is established in the Department

of Transportation a National Highway Safety

Advisory Committee, composed of the Secretary

or an officer of the Department appointed by

him, the Federal Highway Administrator, the

National Highway Traffic Safety Administrator,

and thirty-five members appointed by the President, no more than four of whom shall be Federal officers or employees. The Secretary shall

select the Chairman of the Committee from

among the Committee members. The appointed

members, having due regard for the purposes of

this chapter, shall be selected from among representatives of various State and local governments, including State legislatures, of public

and private interests contributing to, affected

by, or concerned with highway safety, including

the national organizations of passenger car, bus,

and truck owners, and of other public and private agencies, organizations, or groups demonstrating an active interest in highway safety,

as well as research scientists and other individuals who are expert in this field.

(2)(A) Each member appointed by the President shall hold office for a term of three years,

except that (i) any member appointed to fill a

vacancy occurring prior to the expiration of the

term for which his predecessor was appointed

shall be appointed for the remainder of such

term, and (ii) the terms of office of members

first taking office after the date of enactment of

this section shall expire as follows: Twelve at

the end of one year after the date such committee members are appointed by the President,

twelve at the end of two years after the date

such committee members are appointed by the

President, and eleven at the end of three years

after the date such committee members are appointed, as designated by the President at the

time of appointment, and (iii) the term of any

member shall be extended until the date on

which the successor’s appointment is effective.

None of the members appointed by the President

who has served a three-year term, other than

Federal officers or employees, shall be eligible

for reappointment within one year following the

end of his preceding term.

(B) Members of the Committee who are not officers or employees of the United States shall,

while attending meetings or conferences of such

Committee or otherwise engaged in the business

of such Committee, be entitled to receive compensation at a rate fixed by the Secretary, but

not exceeding $100 per diem, including traveltime, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized in section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b–2)

for persons in the Government service employed

intermittently. Payments under this section

shall not render members of the Committee employees or officials of the United States for any

purpose.

(b) The National Highway Safety Advisory

Committee shall advise, consult with, and make

recommendations to, the Secretary on matters

relating to the activities and functions of the

Department in the field of highway safety. The

Committee is authorized (1) to review research

projects or programs submitted to or recommended by it in the field of highway safety

and recommend to the Secretary, for prosecution under this title, any such projects which it

believes show promise of making valuable contributions to human knowledge with respect to

the cause and prevention of highway accidents;

and (2) to review, prior to issuance, standards

proposed to be issued by order of the Secretary

under the provisions of section 402(a) of this

title and to make recommendations thereon.

Such recommendations shall be published in

connection with the Secretary’s determination

or order.

(c) The National Highway Safety Advisory

Committee shall meet from time to time as the

Secretary shall direct, but at least once each

year.

(d) The Secretary shall provide to the National Highway Safety Committee from among

the personnel and facilities of the Department of
[§ 405 TITLE 23—HIGHWAYS Page 190

1So in original. Probably should be ‘‘Transportation’’.

Commerce 1 such staff and facilities as are necessary to carry out the functions of such Committee.

(Added Pub. L. 89–564, title I, §101, Sept. 9, 1966,

80 Stat. 733; amended Pub. L. 90–150, Nov. 24,

1967, 81 Stat. 507; Pub. L. 93–87, title II, §223,

Aug. 13, 1973, 87 Stat. 292; Pub. L. 94–280, title II,

§209, May 5, 1976, 90 Stat. 455.)

REFERENCES IN TEXT

The date of enactment of this section, referred to in

subsec. (a)(2)(A), is Sept. 9, 1966.

Section 5 of the Administrative Expenses Act of 1946

(5 U.S.C. 73b–2), referred to in subsec. (a)(2)(B), was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632.

Section 7(b) of Pub. L. 89–554 provided that references

to sections of former Title 5, Executive Departments

and Government Officers and Employees, are to be

deemed to be references to corresponding provisions of

Title 5, Government Organization and Employees. Provisions similar to section 73b–2 of former title 5 are now

contained in section 5703 of Title 5, Government Organization and Employees.

AMENDMENTS

1976—Subsec. (a)(1). Pub. L. 94–280 substituted provision for selection by the Secretary of the Chairman of

the Committee from among the Committee members

for prior provision making the Secretary or an officer

of the Department appointed by him the Chairman of

the Committee.

1973—Subsec. (a)(1). Pub. L. 93–87 added the National

Highway Traffic Safety Administrator to the membership of the National Highway Safety Advisory Committee.

1967—Subsec. (a)(1). Pub. L. 90–150, §1(1), substituted

‘‘Department of Transportation’’ for ‘‘Department of

Commerce’’, increased number of Committee appointees from twenty-nine to thirty-five, and provided

for selection of members from representatives of national organizations of passenger car, bus, and truck

owners.

Subsec. (a)(2)(A). Pub. L. 90–150, §1(2), substituted

provisions for expirations of term of office of initial appointees one, two, and three years after date of appointment for twelve, twelve, and eleven members, respectively, for former provisions for such expiration

one, two, and three years following enactment date of

Sept. 9, 1966, for ten, ten, and nine members, respectively, and prohibited reappointment within one year

after end of preceding term of member serving a threeyear term of office.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to

terminate not later than the expiration of the 2-year

period following Jan. 5, 1973, unless, in the case of a

committee established by the President or an officer of

the Federal Government, such committee is renewed by

appropriate action prior to the expiration of such 2-

year period, or in the case of a committee established

by the Congress, its duration is otherwise provided for

by law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86

Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.

[§ 405. Repealed. Pub. L. 94–280, title I, § 135(c),

May 5, 1976, 90 Stat. 442]

Section, added Pub. L. 93–87, title II, §230(a), Aug. 13,

1973, 87 Stat. 293; amended Pub. L. 93–643, §121, Jan. 4,

1975, 88 Stat. 2289, related to the Federal-aid safer roads

demonstration program.

§ 406. School bus driver training

(a) The Secretary is authorized to make

grants to the States for the purpose of carrying

out State programs approved by him of driver

education and training for persons driving

school buses.

(b) A State program under this section shall

be approved by the Secretary if such program—

(1) provide for the establishment and enforcement of qualifications for persons driving

school buses;

(2) provides for initial education and training and for refresher courses;

(3) provides for periodic reports to the Secretary on the results of such program; and

(4) includes persons driving publicly operated, and persons driving privately operated,

school buses.

(c) Not less than $7,500,000 of the sums authorized to carry out section 402 of this title for fiscal year 1976 shall be obligated to carry out this

section. Not less than $7,000,000 of the sums authorized to carry out section 402 of this title for

each of the fiscal years 1977 and 1978 shall be obligated to carry out this section. All sums authorized to carry out this section shall be apportioned among the States in accordance with the

formula established under subsection (c) of section 402 of this title, and shall be available for

obligation in the same manner and to the same

extent as if such funds were apportioned under

such subsection (c). The Federal share payable

on account of any project to carry out a program under this section shall not exceed 75 per

centum of the cost of the project.

(Added Pub. L. 93–643, §126(a), Jan. 4, 1975, 88

Stat. 2291; amended Pub. L. 94–280, title II, §205,

May 5, 1976, 90 Stat. 453; Pub. L. 95–599, title I,

§129(g), Nov. 6, 1978, 92 Stat. 2708.)

AMENDMENTS

1978—Subsec. (c). Pub. L. 95–599 substituted ‘‘section

shall not exceed 75 per centum’’ for ‘‘title shall not exceed 70 per centum’’.

1976—Subsecs. (b), (c). Pub. L. 94–280 redesignated as

subsec. (c) the authorization provisions previously set

out as a second subsec. (b), provided for obligation of at

least $7,000,000 for fiscal years 1977 and 1978 to carry out

this section, and provided for availability of funds for

obligation in the same manner and to the same extent

as if the funds were apportioned under section 402(c) of

this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment Pub. L. 95–599 effective with respect to

obligations incurred after Nov. 6, 1978, see section 129(h)

of Pub. L. 95–599, set out as a note under section 120 of

this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 157 of this title.

§ 407. Innovative project grants

(a) In addition to other grants authorized by

this chapter, the Secretary may make grants in

any fiscal year to those States, political subdivisions thereof, and nonprofit organizations which

develop innovative approaches to highway safety problems in accordance with criteria to be established by the Secretary in cooperation with

the States, political subdivisions thereof, and

such nonprofit organizations as the Secretary

deems appropriate.

(b) The Secretary shall establish a procedure

for the selection of grant applications submitted