subsection have been brought and, if not, the 
reasons therefor. 
‘‘(f) NO PREEMPTION.—Nothing in this section pre-
empts or diminishes any other safeguards against discrimi-
nation, demotion, discharge, suspension, threats, harass-
ment, reprimand, retaliation, or any other manner of dis-
crimination provided by Federal or State law. 
‘‘(g) RIGHTS RETAINED BY COVERED INDIVIDUAL.— 
Nothing in this section shall be deemed to diminish the 
rights, privileges, or remedies of any covered individual 
under any Federal or State law or under any collective bar-
gaining agreement. The rights and remedies in this section 
may not be waived by any agreement, policy, form, or con-
dition of employment.’’. 
TITLE IV—GRADE CROSSINGS 
SEC. 401. TOLL-FREE NUMBER TO REPORT GRADE CROSS-
ING PROBLEMS. 
Section 20152 of title 49, United States Code, is 
amended to read as follows: 
‘‘§ 20152. Emergency notification of grade crossing 
problems 
‘‘Not later than 18 months after the date of enactment 
of the Federal Railroad Safety Improvement Act of 2007, 
the Secretary of Transportation shall require each railroad 
carrier to— 
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‘‘(1) establish and maintain a toll-free telephone 
service, for rights-of-way over which it dispatches 
trains, to directly receive calls reporting— 
‘‘(A) malfunctions of signals, crossing gates, 
and other devices to promote safety at the grade 
crossing of railroad tracks on those rights-of-way 
and public or private roads; and 
‘‘(B) disabled vehicles blocking railroad 
tracks at such grade crossings; 
‘‘(2) upon receiving a report of a malfunction or 
disabled vehicle pursuant to paragraph (1), imme-
diately contact trains operating near the grade cross-
ing to warn them of the malfunction or disabled vehi-
cle; 
‘‘(3) upon receiving a report of a malfunction or 
disabled vehicle pursuant to paragraph (1), and after 
contacting trains pursuant to paragraph (2), contact, 
as necessary, appropriate public safety officials hav-
ing jurisdiction over the grade crossing to provide 
them with the information necessary for them to di-
rect traffic, assist in the removal of the disabled vehi-
cle, or carry out other activities appropriate to re-
sponding to the hazardous circumstance; and 
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‘‘(4) ensure the placement at each grade crossing 
on rights-of-way that it owns of appropriately located 
signs, on which shall appear, at a minimum— 
‘‘(A) a toll-free telephone number to be used 
for placing calls described in paragraph (1) to 
the railroad carrier dispatching trains on that 
right-of-way; 
‘‘(B) an explanation of the purpose of that 
toll-free number as described in paragraph (1); 
and 
‘‘(C) the grade crossing number assigned for 
that crossing by the National Highway-Rail 
Crossing Inventory established by the Depart-
ment of Transportation. 
The Secretary of Transportation shall implement this sec-
tion through appropriate regulations.’’. 
SEC. 402. ROADWAY USER SIGHT DISTANCE AT HIGHWAY- 
RAIL GRADE CROSSINGS. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
title 49, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 20156. Roadway user sight distance at highway-rail 
grade crossings 
‘‘(a) IN GENERAL.—Not later than 18 months after the 
date of enactment of the Federal Railroad Safety Improve-
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ment Act of 2007, the Secretary of Transportation shall pre-
scribe regulations that require each railroad carrier to re-
move from its rights-of-way at all public highway-rail 
grade crossings, and at all private highway-rail grade 
crossings open to unrestricted public access (as declared in 
writing by the holder of the crossing right), grass, brush, 
shrubbery, trees, and other vegetation which may obstruct 
the view of a pedestrian or a vehicle operator for a reason-
able distance in either direction of the train’s approach, 
and to maintain its rights-of-way at all such crossings free 
of such vegetation. In prescribing the regulations, the Sec-
retary shall take into consideration to the extent prac-
ticable— 
‘‘(1) the type of warning device or warning de-
vices installed at the crossing; 
‘‘(2) factors affecting the timeliness and effective-
ness of roadway user decisionmaking, including the 
maximum allowable roadway speed, maximum au-
thorized train speed, angle of intersection, and topog-
raphy; 
‘‘(3) the presence or absence of other sight dis-
tance obstructions off the railroad right-of-way; and 
‘‘(4) any other factors affecting safety at such 
crossings. 
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‘‘(b) PROTECTED VEGETATION.—In promulgating reg-
ulations pursuant to this section, the Secretary may make 
allowance for preservation of trees and other ornamental 
or protective growth where State or local law or policy 
would otherwise protect the vegetation from removal and 
where the roadway authority or private crossing holder is 
notified of the sight distance obstruction and, within a rea-
sonable period specified by the regulation, takes appropriate 
temporary and permanent action to abate the hazard to 
roadway users (such as by closing the crossing, posting sup-
plementary signage, installing active warning devices, low-
ering roadway speed, or installing traffic calming devices). 
‘‘(c) 
NO
PREEMPTION.—Notwithstanding 
section 
20106, subsections (a) and (b) of this section do not prohibit 
a State from continuing in force, or from enacting, a law, 
regulation, or order requiring the removal of obstructive 
vegetation from a railroad right-of-way for safety reasons 
that is more stringent than the requirements of the regula-
tions prescribed pursuant to this section. 
‘‘(d) MODEL LEGISLATION.—Not later than 18 months 
after the date of enactment of the Federal Railroad Safety 
Improvement Act of 2007, the Secretary, after consultation 
with the Federal Railroad Safety Administration, the Fed-
eral Highway Administration, and States, shall develop 
and make available to States model legislation providing 
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