---
kind: "section"
citation: "49 U.S.C. § 20167"
title: "49"
title_heading: "Transportation"
number: "20167"
heading: "Reports on highway-rail grade crossing safety"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/20167"
units:
  - "Subtitle V — Rail Programs"
  - "Part A — Safety"
  - "Chapter 201 — General"
  - "Subchapter II — Particular Aspects of Safety"
---

# §20167. Reports on highway-rail grade crossing safety

- (a) **Report.—** Not later than 4 years after the date by which [States](/usc/49/26105.md?p=5) are required to submit [State](/usc/49/26105.md?p=5) highway-rail grade crossing action plans under section 11401(b) of the Fixing America’s Surface Transportation Act ([49 U.S.C. 22907](/usc/49/22907.md) note), the Administrator of the Federal [Railroad](/usc/49/22401.md?p=12) Administration, in consultation with the Administrator of the Federal Highway Administration, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that summarizes the [State](/usc/49/26105.md?p=5) highway-rail grade crossing action plans, including—
  - (1) an analysis and evaluation of each [State](/usc/49/26105.md?p=5) railway-highway crossings program under [section 130 of title 23](/usc/23/130.md), including—
    - (A) compliance with section 11401 of the Fixing America’s Surface Transportation Act and [section 130(g) of title 23](/usc/23/130.md?p=g); and
    - (B) the specific strategies identified by each [State](/usc/49/26105.md?p=5) to improve safety at highway-rail grade crossings, including crossings with multiple accidents or incidents;
  - (2) the progress of each [State](/usc/49/26105.md?p=5) in implementing its [State](/usc/49/26105.md?p=5) highway-rail grade crossings action plan;
  - (3) the number of highway-rail grade crossing projects undertaken pursuant to [section 130 of title 23](/usc/23/130.md), including the distribution of such projects by cost range, road system, nature of treatment, and subsequent accident experience at improved locations;
  - (4) which [States](/usc/49/26105.md?p=5) are not in compliance with their schedule of projects under [section 130(d) of title 23](/usc/23/130.md?p=d); and
  - (5) any recommendations for future implementation of the railway-highway crossings program under [section 130 of title 23](/usc/23/130.md).
- (b) **Updates.—** Not later than 5 years after the submission of the report required under [subsection (a)](#a), the Administrator of the Federal [Railroad](/usc/49/22401.md?p=12) Administration, in consultation with the Administrator of the Federal Highway Administration, shall—
  - (1) update the report based on the [State](/usc/49/26105.md?p=5) annual reports submitted pursuant to [section 130(g) of title 23](/usc/23/130.md?p=g) and any other information obtained by or available to the Administrator of the Federal [Railroad](/usc/49/22401.md?p=12) Administration; and
  - (2) submit the updated report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
- (c) **Definitions.—** In this section:
  - (1) **Highway-rail grade crossing.—** The term “highway-rail grade crossing” means a location within a [State](/usc/49/26105.md?p=5), other than a location at which 1 or more [railroad](/usc/49/22401.md?p=12) tracks cross 1 or more [railroad](/usc/49/22401.md?p=12) tracks at grade, at which—
    - (A) a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses 1 or more [railroad](/usc/49/22401.md?p=12) tracks, either at grade or grade-separated; or
    - (B) a pathway explicitly authorized by a public authority or a [railroad carrier](/usc/49/20102.md?p=3) that—
      - (i) is dedicated for the use of nonvehicular traffic, including pedestrians, bicyclists, and others;
      - (ii) is not associated with a public highway, road, or street, or a private roadway; and
      - (iii) crosses 1 or more [railroad](/usc/49/22401.md?p=12) tracks, either at grade or grade-separated.
  - (2) **State.—** The term “[State](/usc/49/26105.md?p=5)” means a [State](/usc/49/26105.md?p=5) of the United States or the District of Columbia.

## Source credit

(Added Pub. L. 117–58, div. B, title II, § 22403(b)(1), Nov. 15, 2021, 135 Stat. 735.)

## Notes

### Editorial Notes

### References in Text

Section 11401 of the Fixing America’s Surface Transportation Act, referred to in subsec. (a), is section 11401 of title XI of div. A of Pub. L. 114–94, which is set out as a note under section 22907 of this title.

### Prior Provisions

A prior section 20167, Pub. L. 110–432, div. A, title IV, § 418(a), Oct. 16, 2008, 122 Stat. 4891, related to railroad safety infrastructure improvement grants, prior to repeal by Pub. L. 114–94, div. A, title XI, § 11301(c)(1), Dec. 4, 2015, 129 Stat. 1648, effective Oct. 1, 2015.