---
kind: "section"
citation: "23 U.S.C. § 407"
title: "23"
title_heading: "Highways"
number: "407"
heading: "Discovery and admission as evidence of certain reports and surveys"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/23/407"
units:
  - "Chapter 4 — Highway Safety"
---

# §407. Discovery and admission as evidence of certain reports and surveys


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](/usc/23/101.md?p=a-11) crossings, pursuant to sections [130](/usc/23/130.md), [144](/usc/23/144.md), and [148](/usc/23/148.md) of this title or for the purpose of developing any [highway](/usc/23/101.md?p=a-11) safety [construction](/usc/23/101.md?p=a-4) improvement [project](/usc/23/101.md?p=a-20) which may be implemented utilizing [Federal-aid highway](/usc/23/101.md?p=a-6) funds shall not be subject to discovery or admitted into evidence in a Federal or [State](/usc/23/101.md?p=a-28) 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.


## Source credit

(Added Pub. L. 100–17, title I, § 132(a), Apr. 2, 1987, 101 Stat. 170, § 409; amended Pub. L. 102–240, title I, § 1035(a), Dec. 18, 1991, 105 Stat. 1978; Pub. L. 104–59, title III, § 323, Nov. 28, 1995, 109 Stat. 591; Pub. L. 109–59, title I, § 1401(a)(3)(C), Aug. 10, 2005, 119 Stat. 1225; renumbered § 407, Pub. L. 117–58, div. B, title IV, § 24101(d)(1)(A), Nov. 15, 2021, 135 Stat. 784.)

## Notes

### 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.