‘‘§ 20152. Notification of grade crossing problems 
‘‘(a) IN GENERAL.—Not later than 18 months after the 
date of enactment of the Rail Safety Improvement Act of 
2008, the Secretary of Transportation shall require each 
railroad carrier to— 
‘‘(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; 
‘‘(B) disabled vehicles blocking railroad 
tracks at such grade crossings; 
‘‘(C) obstructions to the view of a pedestrian 
or a vehicle operator for a reasonable distance in 
either direction of a train’s approach; or 
‘‘(D) other safety information involving 
such grade crossings; 
‘‘(2) upon receiving a report pursuant to para-
graph (1)(A) or (B), immediately contact trains oper-
ating near the grade crossing to warn them of the 
malfunction or disabled vehicle; 
‘‘(3) upon receiving a report pursuant to para-
graph (1)(A) or (B), and after contacting trains pur-
suant to paragraph (2), contact, as necessary, appro-
priate public safety officials having jurisdiction over 
the grade crossing to provide them with the informa-
tion necessary for them to direct traffic, assist in the 
removal of the disabled vehicle, or carry out other ac-
tivities as appropriate; 
‘‘(4) upon receiving a report pursuant to para-
graph (1)(C) or (D), timely investigate the report, re-
move the obstruction if possible, or correct the unsafe 
circumstance; and 
‘‘(5) 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 telephone number; and 
‘‘(C) the grade crossing number assigned for 
that crossing by the National Highway-Rail 
Crossing Inventory established by the Depart-
ment of Transportation. 
‘‘(b) WAIVER.—The Secretary may waive the require-
ment that the telephone service be toll-free for Class II and
Class III rail carriers if the Secretary determines that toll- 
free service would be cost prohibitive or unnecessary.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 201 is amended by striking the item relating 
to section 20152 and inserting the following: 
‘‘20152. Notification of grade crossing problems.’’. 
SEC. 206. OPERATION LIFESAVER. 
(a) GRANT.—The Federal Railroad Administration 
shall make a grant or grants to Operation Lifesaver to 
carry out a public information and education program to 
help prevent and reduce pedestrian, motor vehicle, and other 
accidents, incidents, injuries, and fatalities, and to improve 
awareness along railroad rights-of-way and at highway-rail 
grade crossings. The program shall include, as appropriate, 
development, placement, and dissemination of Public Serv-
ice Announcements in newspaper, radio, television, and 
other media. The program shall also include, as appro-
priate, school presentations, brochures and materials, sup-
port for public awareness campaigns, and related support 
for the activities of Operation Lifesaver’s member organiza-
tions. As part of an educational program funded by grants 
awarded under this section, Operation Lifesaver shall pro-
vide information to the public on how to identify and report 
to the appropriate authorities unsafe or malfunctioning 
highway-rail grade crossings.
(b) PILOT PROGRAM.—The Secretary may allow funds 
provided under subsection (a) also to be used by Operation 
Lifesaver to implement a pilot program, to be known as 
the Railroad Safety Public Awareness Program, that ad-
dresses the need for targeted and sustained community out-
reach on the subjects described in subsection (a). Such a 
pilot program shall be established in 1 or more States iden-
tified under section 202 of this division. In carrying out 
such a pilot program Operation Lifesaver shall work with 
the State, community leaders, school districts, and public 
and private partners to identify the communities at greatest 
risk, to develop appropriate measures to reduce such risks, 
and shall coordinate the pilot program with the State grade 
crossing action plan. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Federal Railroad Ad-
ministration for carrying out this section— 
(1) $2,000,000 for each of fiscal years 2010 and 
2011; and 
(2) $1,500,000 for each of fiscal years 2012 and 
2013. 
SEC. 207. FEDERAL GRANTS TO STATES FOR HIGHWAY-RAIL 
GRADE CROSSING SAFETY. 
(a) IN GENERAL.—Part B of subtitle V is amended 
by adding at the end thereof the following:
‘‘CHAPTER 
225—FEDERAL 
GRANTS 
TO 
STATES FOR HIGHWAY-RAIL GRADE 
CROSSING SAFETY 
‘‘Sec. 
‘‘22501. Financial assistance to States for certain projects. 
‘‘22502. Distribution. 
‘‘22503. Standards for awarding grants. 
‘‘22504. Use of funds. 
‘‘22505. Authorization of appropriations. 
‘‘§ 22501. Financial assistance to States for certain 
projects 
‘‘The Secretary of Transportation shall make grants— 
‘‘(1) to a maximum of 3 States per year for de-
velopment or continuance of enhanced public edu-
cation and awareness activities, in combination with 
targeted law enforcement, to significantly reduce vio-
lations of traffic laws at highway-rail grade crossings 
and to help prevent and reduce injuries and fatalities 
along railroad rights-of-way; and 
‘‘(2) to provide for priority highway-rail grade 
crossing safety improvements, including the installa-
tion, repair, or improvement of— 
‘‘(A) railroad crossing signals, gates, and 
related technologies, including median barriers 
and four quadrant gates; 
‘‘(B) highway traffic signalization, includ-
ing highway signals tied to railroad signal sys-
tems;
‘‘(C) highway lighting and crossing ap-
proach signage; 
‘‘(D) roadway improvements, including 
railroad crossing panels and surfaces; and 
‘‘(E) related work to mitigate dangerous 
conditions. 
‘‘§ 22502. Distribution 
‘‘The Secretary shall provide the grants to the State 
agency or agencies responsible for highway-rail grade cross-
ing safety. 
‘‘§ 22503. Standards for awarding grants 
‘‘(a) SECTION 22501(1) GRANTS.—The Secretary shall 
provide grants under section 22501(1) based upon the mer-
its of the proposed program of activities provided by the 
State and upon a determination of where the grants will 
provide the greatest safety benefits. The Secretary may give 
priority to States that have developed and implemented a 
State grade crossing action plan, as described under section 
202 of the Rail Safety Improvement Act of 2008. 
‘‘(b) SECTION 22501(2) GRANTS.—The Secretary shall 
provide grants to State and local governments under section 
22501(2) to provide priority grade crossing safety improve-
ments on an expedited basis at a location where there has 
been a highway-rail grade crossing collision within the pre-
vious two years involving major loss of life or multiple seri-
ous bodily injuries. 
‘‘§ 22504. Use of funds 
‘‘(a) IN GENERAL.—Any State receiving a grant under 
section 22501(1) shall use the funds to develop, implement, 
and continue to measure the effectiveness of a dedicated pro-
gram of public education and enforcement of highway-rail 
crossing safety laws and to prevent casualties along rail-
road rights-of-way. The Secretary may not make a grant 
under this chapter available to assist a State or political 
subdivision thereof in establishing or continuing a quiet 
zone pursuant to part 222 of title 49, Code of Federal Regu-
lations. 
‘‘(b) MAXIMUM GRANT AMOUNT UNDER SECTION 
22501(2).—No grant awarded under section 22501(2) may 
exceed $250,000. 
‘‘§ 22505. Authorization of appropriations 
‘‘There are authorized to be appropriated to the Sec-
retary $1,500,000 for each of fiscal years 2010 through 2013 
to carry out the provisions of section 22501(1) of this chap-
ter. There are authorized to be appropriated to the Sec-
retary $1,500,000 for each of fiscal years 2010 through 2013 
to carry out the provisions of section 22501(2) of this chap-
ter. Amounts appropriated pursuant to this section shall 
remain available until expended.’’.
(b) CONFORMING AMENDMENT.—The subtitle analysis 
for subtitle V is amended by inserting after the item relat-
ing to chapter 223 the following: 
‘‘225. Federal grants to States for highway-rail grade crossing safety ....... 22501’’. 
SEC. 208. TRESPASSER PREVENTION AND HIGHWAY-RAIL 
GRADE CROSSING SAFETY. 
(a) TRESPASSER PREVENTION
AND HIGHWAY-RAIL 
GRADE CROSSING WARNING SIGN VIOLATIONS.—Section 
20151 is amended— 
(1) by striking the section heading and inserting 
the following: 
‘‘§ 20151. Railroad trespassing, vandalism, and high-
way-rail grade crossing warning sign vio-
lation prevention strategy’’; 
(2) by striking subsection (a) and inserting the 
following: 
‘‘(a) EVALUATION OF EXISTING LAWS.—In consulta-
tion with affected parties, the Secretary of Transportation 
shall evaluate and review current local, State, and Federal 
laws regarding trespassing on railroad property, vandalism 
affecting railroad safety, and violations of highway-rail 
grade crossing signs, signals, markings, or other warning 
devices and develop model prevention strategies and enforce-
ment laws to be used for the consideration of State and local 
legislatures and governmental entities. The first such eval-
uation and review shall be completed within 1 year after
the date of enactment of the Rail Safety Improvement Act 
of 2008. The Secretary shall revise the model prevention 
strategies and enforcement codes periodically.’’; 
(3) by inserting ‘‘FOR TRESPASSING AND VAN-
DALISM PREVENTION’’ in the subsection heading of 
subsection (b) after ‘‘OUTREACH PROGRAM’’; 
(4) in subsection (c)— 
(A) by redesignating paragraphs (1) and 
(2) as subparagraphs (A) and (B), respectively; 
(B) by inserting ‘‘(1)’’ after ‘‘MODEL LEG-
ISLATION.—’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) Not later than 18 months after the date of enact-
ment of the Rail Safety Improvement Act of 2008, the Sec-
retary, after consultation with State and local governments 
and railroad carriers, shall develop and make available to 
State and local governments model State legislation pro-
viding for civil or criminal penalties, or both, for violations 
of highway-rail grade crossing signs, signals, markings, or 
other warning devices.’’; and 
(5) by adding at the end the following new sub-
section: 
‘‘(d) DEFINITION.—In this section, the term ‘violation 
of highway-rail grade crossing signs, signals, markings, or
other warning devices’ includes any action by a motorist, 
unless directed by an authorized safety officer— 
‘‘(1) to drive around a grade crossing gate in a 
position intended to block passage over railroad 
tracks; 
‘‘(2) to drive through a flashing grade crossing 
signal; 
‘‘(3) to drive through a grade crossing with pas-
sive warning signs without ensuring that the grade 
crossing could be safely crossed before any train ar-
rived; and 
‘‘(4) in the vicinity of a grade crossing, who cre-
ates a hazard of an accident involving injury or 
property damage at the grade crossing.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 201 is amended by striking the item relating 
to section 20151 and inserting the following: 
‘‘20151. Railroad trespassing, vandalism, and highway-rail grade crossing warn-
ing sign violation prevention strategy.’’. 
(c) EDUCATIONAL OR AWARENESS PROGRAM ITEMS 
FOR DISTRIBUTION.—Section 20134(a) is amended by add-
ing at the end the following: ‘‘The Secretary may purchase 
items of nominal value and distribute them to the public 
without charge as part of an educational or awareness pro-
gram to accomplish the purposes of this section and of any 
other sections of this title related to improving the safety
of highway-rail crossings and to preventing trespass on 
railroad rights of way, and the Secretary shall prescribe 
guidelines for the administration of this authority.’’. 
SEC. 209. ACCIDENT AND INCIDENT REPORTING. 
The Federal Railroad Administration shall conduct an 
audit of each Class I railroad at least once every 2 years 
and conduct an audit of each non-Class I railroad at least 
once every 5 years to ensure that all grade crossing colli-
sions and fatalities are reported to any Federal national 
accident database. 
SEC. 210. FOSTERING INTRODUCTION OF NEW TECH-
NOLOGY TO IMPROVE SAFETY AT HIGHWAY- 
RAIL GRADE CROSSINGS. 
(a) AMENDMENT.—Subchapter II of chapter 201, as 
amended by section 204 of this division, is further amended 
by adding at the end the following: 
‘‘§ 20161. Fostering introduction of new technology to 
improve safety at highway-rail grade 
crossings 
‘‘(a) FINDINGS.— 
‘‘(1) Collisions between highway users and trains 
at highway-rail grade crossings continue to cause an 
unacceptable loss of life, serious personal injury, and 
property damage.
‘‘(2) While elimination of at-grade crossings 
through consolidation of crossings and grade separa-
tions offers the greatest long-term promise for opti-
mizing the safety and efficiency of the two modes of 
transportation, over 140,000 public grade crossings 
remain on the general rail system—approximately 
one for each route mile on the general rail system. 
‘‘(3) Conventional highway traffic control devices 
such as flashing lights and gates are often effective in 
warning motorists of a train’s approach to an 
equipped crossing. 
‘‘(4) Since enactment of the Highway Safety Act 
of 1973, over $4,200,000,000 of Federal funding has 
been invested in safety improvements at highway-rail 
grade crossings, yet a majority of public highway-rail 
grade crossings are not yet equipped with active 
warning systems. 
‘‘(5) The emergence of new technologies presents 
opportunities for more effective and affordable warn-
ings and safer passage of highway users and trains 
at remaining highway-rail grade crossings. 
‘‘(6) Implementation of new crossing safety tech-
nology will require extensive cooperation between 
highway authorities and railroad carriers.
‘‘(7) Federal Railroad Administration regula-
tions establishing performance standards for proc-
essor-based signal and train control systems provide 
a suitable framework for qualification of new or novel 
technology at highway-rail grade crossings, and the 
Federal Highway Administration’s Manual on Uni-
form Traffic Control Devices provides an appropriate 
means of determining highway user interface with 
such new technology. 
‘‘(b) POLICY.—It is the policy of the United States to 
encourage the development of new technology that can pre-
vent loss of life and injuries at highway-rail grade cross-
ings. The Secretary of Transportation is designated to carry 
out this policy in consultation with States and necessary 
public and private entities. 
‘‘(c) SUBMISSION
OF
NEW
TECHNOLOGY
PRO-
POSALS.—Railroad carriers and railroad suppliers may 
submit for review and approval to the Secretary such new 
technology designed to improve safety at highway-rail grade 
crossings. The Secretary shall approve by order the new 
technology designed to improve safety at highway-rail grade 
crossings in accordance with Federal Railroad Administra-
tion standards for the development and use of processor- 
based signal and train control systems and shall consider
the effects on safety of highway-user interface with the new 
technology. 
‘‘(d) EFFECT
OF SECRETARIAL APPROVAL.—If the 
Secretary approves by order new technology to provide 
warning to highway users at a highway-rail grade crossing 
and such technology is installed at a highway-rail grade 
crossing in accordance with the conditions of the approval, 
this determination preempts any State statute or regulation 
concerning the adequacy of the technology in providing 
warning at the crossing.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 201, as amended by section 204 of this division, 
is further amended by inserting after the item relating to 
section 20160, the following: 
‘‘20161. Fostering introduction of new technology to improve safety at highway- 
rail grade crossings.’’. 
TITLE III—FEDERAL RAILROAD 
ADMINISTRATION 
SEC. 301. HUMAN CAPITAL INCREASES. 
(a) IN GENERAL.—The Secretary shall increase the 
number of Federal Railroad Administration employees 
by— 
(1) 50 employees in fiscal year 2009; 
(2) 50 employees in fiscal year 2010; 
(3) 50 employees in fiscal year 2011; 
(4) 25 employees in fiscal year 2012; and
(5) 25 employees in fiscal year 2013. 
(b) FUNCTIONS.—In increasing the number of employ-
ees pursuant to subsection (a), the Secretary shall focus on 
hiring employees— 
(1) specifically trained to conduct on-site rail-
road and highway-rail grade crossing accident inves-
tigations; 
(2) to implement the Railroad Safety Strategy; 
(3) to administer and implement section 20156 
of title 49, United States Code, relating to the Rail-
road Safety Risk Reduction Program; 
(4) to conduct routine inspections and audits of 
railroad and hazardous materials facilities and 
records for compliance with railroad safety laws and 
regulations; 
(5) to inspect railroad bridges, tunnels, and re-
lated infrastructure, and to review or analyze rail-
road bridge, tunnel, and related infrastructure inspec-
tion reports; 
(6) to prevent or respond to natural or manmade 
emergency situations or events involving rail infra-
structure or employees; 
(7) to implement section 20157 of title 49, 
United States Code, relating to positive train control 
systems;
(8) to implement section 20164 of title 49, 
United States Code, relating to the development and 
use of rail safety technology; and 
(9) to support the Federal Railroad Administra-
tion’s safety mission. 
SEC. 302. CIVIL PENALTY INCREASES. 
(a) GENERAL VIOLATIONS OF CHAPTER 201.—Section 
21301(a)(2) is amended— 
(1) 
by 
striking 
‘‘$10,000.’’ 
and 
inserting 
‘‘$25,000.’’; and 
(2) 
by 
striking 
‘‘$20,000.’’ 
and 
inserting 
‘‘$100,000.’’. 
(b) ACCIDENT AND INCIDENT VIOLATIONS OF CHAPTER 
201; VIOLATIONS OF CHAPTERS 203 THROUGH 209.—Sec-
tion 21302(a)(2) is amended— 
(1) 
by 
striking 
‘‘$10,000.’’ 
and 
inserting 
‘‘$25,000.’’; and 
(2) 
by 
striking 
‘‘$20,000.’’ 
and 
inserting 
‘‘$100,000.’’. 
(c) 
VIOLATIONS
OF
CHAPTER
211.—Section 
21303(a)(2) is amended— 
(1) 
by 
striking 
‘‘$10,000.’’ 
and 
inserting 
‘‘$25,000.’’; and 
(2) 
by 
striking 
‘‘$20,000.’’ 
and 
inserting 
‘‘$100,000.’’.
SEC. 303. ENFORCEMENT REPORT. 
(a) IN GENERAL.—Subchapter I of chapter 201, as 
amended by section 109 of this division, is amended by add-
ing at the end the following: 
‘‘§ 20120. Enforcement report 
‘‘(a) IN GENERAL.—Beginning not later than Decem-
ber 31, 2009, the Secretary of Transportation shall make 
available to the public and publish on its public website 
an annual report that— 
‘‘(1) provides a summary of railroad safety and 
hazardous materials compliance inspections and au-
dits that Federal or State inspectors conducted in the 
prior fiscal year organized by type of alleged viola-
tion, including track, motive power and equipment, 
signal, grade crossing, operating practices, accident 
and incidence reporting, and hazardous materials; 
‘‘(2) provides a summary of all enforcement ac-
tions taken by the Secretary or the Federal Railroad 
Administration during the prior fiscal year, includ-
ing— 
‘‘(A) the number of civil penalties assessed; 
‘‘(B) the initial amount of civil penalties 
assessed; 
‘‘(C) the number of civil penalty cases set-
tled;
‘‘(D) the final amount of civil penalties as-
sessed; 
‘‘(E) the difference between the initial and 
final amounts of civil penalties assessed; 
‘‘(F) the number of administrative hearings 
requested and completed related to hazardous 
materials transportation law violations or en-
forcement actions against individuals; 
‘‘(G) the number of cases referred to the At-
torney General for civil or criminal prosecution; 
‘‘(H) the number and subject matter of all 
compliance orders, emergency orders, or pre-
cursor agreements; 
‘‘(3) analyzes the effect of the number of inspec-
tions conducted and enforcement actions taken on the 
number and rate of reported accidents and incidents 
and railroad safety; 
‘‘(4) provide the information required by para-
graphs (2) and (3)— 
‘‘(A) for each Class I railroad individually; 
and 
‘‘(B) in the aggregate for— 
‘‘(i) Class II railroads; 
‘‘(ii) Class III railroads;
‘‘(iii) hazardous materials shippers; 
and 
‘‘(iv) individuals; 
‘‘(5) identifies the number of locomotive engineer 
certification denial or revocation cases appealed to 
and the average length of time it took to be decided 
by— 
‘‘(A) the Locomotive Engineer Review 
Board; 
‘‘(B) an Administrative Hearing Officer or 
Administrative Law Judge; or 
‘‘(C) the Administrator of the Federal Rail-
road Administration; 
‘‘(6) provides an explanation regarding any 
changes in the Secretary’s or the Federal Railroad 
Administration’s enforcement programs or policies 
that may substantially affect the information re-
ported; and 
‘‘(7) includes any additional information that 
the Secretary determines is useful to improve the 
transparency of its enforcement program.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 201, as amended by section 109 of this division, 
is amended by inserting after the item relating to section 
20119 the following: 
‘‘20120. Enforcement report.’’.
SEC. 304. EXPANSION OF EMERGENCY ORDER AUTHORITY. 
Section 20104(a)(1) is amended by striking ‘‘death or 
personal injury’’ and inserting ‘‘death, personal injury, or 
significant harm to the environment’’. 
SEC. 305. PROHIBITION OF INDIVIDUALS FROM PER-
FORMING 
SAFETY-SENSITIVE 
FUNCTIONS 
FOR A VIOLATION OF HAZARDOUS MATE-
RIALS TRANSPORTATION LAW. 
Section 20111(c) is amended to read as follows: 
‘‘(c) ORDERS PROHIBITING INDIVIDUALS FROM PER-
FORMING SAFETY-SENSITIVE FUNCTIONS.— 
‘‘(1) If an individual’s violation of this part, 
chapter 51 of this title, or a regulation prescribed, or 
an order issued, by the Secretary under this part or 
chapter 51 of this title is shown to make that indi-
vidual unfit for the performance of safety-sensitive 
functions, the Secretary, after providing notice and 
an opportunity for a hearing, may issue an order 
prohibiting the individual from performing safety- 
sensitive functions in the railroad industry for a spec-
ified period of time or until specified conditions are 
met. 
‘‘(2) This subsection does not affect the Sec-
retary’s authority under section 20104 of this title to 
act on an emergency basis.’’.
SEC. 306. RAILROAD RADIO MONITORING AUTHORITY. 
Section 20107 is amended by inserting at the end the 
following: 
‘‘(c) RAILROAD RADIO COMMUNICATIONS.— 
‘‘(1) IN GENERAL.—To carry out the Secretary’s 
responsibilities under this part and under chapter 51, 
the Secretary may authorize officers, employees, or 
agents of the Secretary to conduct, with or without 
making their presence known, the following activities 
in circumstances the Secretary finds to be reasonable: 
‘‘(A) Intercepting a radio communication, 
with or without the consent of the sender or other 
receivers of the communication, but only where 
such communication is broadcast or transmitted 
over a radio frequency which is— 
‘‘(i) authorized for use by one or more 
railroad carriers by the Federal Commu-
nications Commission; and 
‘‘(ii) primarily used by such railroad 
carriers for communications in connection 
with railroad operations. 
‘‘(B) Communicating the existence, contents, 
substance, purport, effect, or meaning of the com-
munication, subject to the restrictions in para-
graph (3).
‘‘(C) Receiving or assisting in receiving the 
communication (or any information therein con-
tained). 
‘‘(D) Disclosing the contents, substance, 
purport, effect, or meaning of the communication 
(or any part thereof of such communication) or 
using the communication (or any information 
contained therein), subject to the restrictions in 
paragraph (3), after having received the commu-
nication or acquired knowledge of the contents, 
substance, purport, effect, or meaning of the com-
munication (or any part thereof). 
‘‘(E) Recording the communication by any 
means, including writing and tape recording. 
‘‘(2) ACCIDENT AND INCIDENT PREVENTION AND 
INVESTIGATION.—The Secretary, and officers, employ-
ees, and agents of the Department of Transportation 
authorized by the Secretary, may engage in the ac-
tivities authorized by paragraph (1) for the purpose 
of accident and incident prevention and investiga-
tion. 
‘‘(3) USE
OF
INFORMATION.—(A) Information 
obtained through activities authorized by paragraphs 
(1) and (2) shall not be admitted into evidence in any 
administrative or judicial proceeding except—
‘‘(i) in a prosecution of a felony under Fed-
eral or State criminal law; or 
‘‘(ii) to impeach evidence offered by a party 
other than the Federal Government regarding the 
existence, electronic characteristics, content, sub-
stance, purport, effect, meaning, or timing of, or 
identity of parties to, a communication inter-
cepted pursuant to paragraphs (1) and (2) in 
proceedings pursuant to section 5122, 5123, 
20702(b), 20111, 20112, 20113, or 20114 of this 
title. 
‘‘(B) If information obtained through activities 
set forth in paragraphs (1) and (2) is admitted into 
evidence for impeachment purposes in accordance 
with subparagraph (A), the court, administrative law 
judge, or other officer before whom the proceeding is 
conducted may make such protective orders regarding 
the confidentiality or use of the information as may 
be appropriate in the circumstances to protect pri-
vacy and administer justice. 
‘‘(C) No evidence shall be excluded in an admin-
istrative or judicial proceeding solely because the gov-
ernment would not have learned of the existence of or 
obtained such evidence but for the interception of in-
formation that is not admissible in such proceeding 
under subparagraph (A). 
‘‘(D) Information obtained through activities set 
forth in paragraphs (1) and (2) shall not be subject 
to publication or disclosure, or search or review in 
connection therewith, under section 552 of title 5. 
‘‘(E) Nothing in this subsection shall be con-
strued to impair or otherwise affect the authority of 
the United States to intercept a communication, and 
collect, retain, analyze, use, and disseminate the in-
formation obtained thereby, under a provision of law 
other than this subsection. 
‘‘(4) APPLICATION WITH OTHER LAW.—Section 
705 of the Communications Act of 1934 (47 U.S.C. 
605) and chapter 119 of title 18 shall not apply to 
conduct authorized by and pursuant to this sub-
section.’’. 
SEC. 307. UPDATE OF FEDERAL RAILROAD ADMINISTRA-
TION’S WEBSITE. 
(a) IN GENERAL.—The Secretary shall update the Fed-
eral Railroad Administration’s public website to better fa-
cilitate the ability of the public, including those individuals 
who are not regular users of the public website, to find cur-
rent information regarding the Federal Railroad Adminis-
tration’s activities.
(b) PUBLIC REPORTING OF VIOLATIONS.—On the Fed-
eral Railroad Administration’s public website’s home page, 
the Secretary shall provide a mechanism for the public to 
submit written reports of potential violations of Federal 
railroad safety and hazardous materials transportation 
laws, regulations, and orders to the Federal Railroad Ad-
ministration. 
SEC. 308. EMERGENCY WAIVERS. 
Section 20103 is amended— 
(1) by striking ‘‘WAIVERS.—’’ in subsection (d) 
and inserting ‘‘NONEMERGENCY WAIVERS.—’’; 
(2) by striking subsection (e) and inserting the 
following: 
‘‘(e) HEARINGS.—The Secretary shall conduct a hear-
ing as provided by section 553 of title 5 when prescribing 
a regulation or issuing an order under this part, including 
a regulation or order establishing, amending, or providing 
a waiver, described in subsection (d), of compliance with 
a railroad safety regulation prescribed or order issued 
under this part. An opportunity for an oral presentation 
shall be provided.’’; and 
(3) by adding at the end thereof the following: 
‘‘(g) EMERGENCY WAIVERS.— 
‘‘(1) IN GENERAL.—The Secretary may waive 
compliance with any part of a regulation prescribed
or order issued under this part without prior notice 
and comment if the Secretary determines that— 
‘‘(A) it is in the public interest to grant the 
waiver; 
‘‘(B) the waiver is not inconsistent with 
railroad safety; and 
‘‘(C) the waiver is necessary to address an 
actual or impending emergency situation or 
emergency event. 
‘‘(2) PERIOD OF WAIVER.—A waiver under this 
subsection may be issued for a period of not more 
than 60 days and may be renewed upon application 
to the Secretary only after notice and an opportunity 
for a hearing on the waiver. The Secretary shall im-
mediately revoke the waiver if continuation of the 
waiver would not be consistent with the goals and ob-
jectives of this part. 
‘‘(3) STATEMENT OF REASONS.—The Secretary 
shall state in the decision issued under this subsection 
the reasons for granting the waiver. 
‘‘(4) CONSULTATION.—In granting a waiver 
under this subsection, the Secretary shall consult and 
coordinate with other Federal agencies, as appro-
priate, for matters that may impact such agencies.
‘‘(5) 
EMERGENCY
SITUATION; 
EMERGENCY 
EVENT.—In this subsection, the terms ‘emergency sit-
uation’ and ‘emergency event’ mean a natural or 
manmade disaster, such as a hurricane, flood, earth-
quake, mudslide, forest fire, snowstorm, terrorist act, 
biological outbreak, release of a dangerous radio-
logical, chemical, explosive, or biological material, or 
a war-related activity, that poses a risk of death, seri-
ous illness, severe injury, or substantial property 
damage. The disaster may be local, regional, or na-
tional in scope.’’. 
SEC. 309. ENFORCEMENT BY THE ATTORNEY GENERAL. 
Section 20112(a) is amended— 
(1) by inserting ‘‘this part, except for section 
20109 of this title, or’’ in paragraph (1) after ‘‘en-
force,’’; 
(2) by striking ‘‘21301’’ in paragraph (2) and 
inserting ‘‘21301, 21302, or 21303’’; 
(3) by striking ‘‘subpena’’ in paragraph (3) and 
inserting ‘‘subpoena, request for admissions, request 
for production of documents or other tangible things, 
or request for testimony by deposition’’; and 
(4) by striking ‘‘chapter.’’ in paragraph (3) and 
inserting ‘‘part.’’.
SEC. 310. CRIMINAL PENALTIES. 
Section 21311(b) is amended to read as follows: 
‘‘(b) ACCIDENT AND INCIDENT REPORTS.—A railroad 
carrier not filing a report in violation of section 20901 of 
this title shall be fined not more than $2,500. A separate 
violation occurs for each day the violation continues.’’. 
TITLE IV—RAILROAD SAFETY 
ENHANCEMENTS 
SEC. 401. MINIMUM TRAINING STANDARDS AND PLANS. 
(a) AMENDMENT.—Subchapter II of chapter 201, as 
amended by section 210 of this division, is further amended 
by adding at the end the following new section: 
‘‘§ 20162. Minimum training standards and plans 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall, not later than 1 year after the date of enactment of 
the Rail Safety Improvement Act of 2008, establish— 
‘‘(1) minimum training standards for each class 
and craft of safety-related railroad employee (as de-
fined in section 20102) and equivalent railroad car-
rier contractor and subcontractor employees, which 
shall require railroad carriers, contractors, and sub-
contractors to qualify or otherwise document the pro-
ficiency of such employees in each such class and 
craft regarding their knowledge of, and ability to 
comply with, Federal railroad safety laws and regula-
tions and railroad carrier rules and procedures pro-
mulgated to implement those Federal railroad safety 
laws and regulations; 
‘‘(2) a requirement that railroad carriers, con-
tractors, and subcontractors develop and submit 
training and qualification plans to the Secretary for 
approval, including training programs and informa-
tion deemed necessary by the Secretary to ensure that 
all safety-related railroad employees receive appro-
priate training in a timely manner; and 
‘‘(3) a minimum training curriculum, and ongo-
ing training criteria, testing, and skills evaluation 
measures to ensure that safety-related railroad em-
ployees, and contractor and subcontractor employees, 
charged with the inspection of track or railroad 
equipment are qualified to assess railroad compliance 
with Federal standards to identify defective condi-
tions and initiate immediate remedial action to cor-
rect critical safety defects that are known to con-
tribute to derailments, accidents, incidents, or inju-
ries, and, in implementing the requirements of this 
paragraph, take into consideration existing training 
programs of railroad carriers. 
‘‘(b) APPROVAL.—The Secretary shall review and ap-
prove the plans required under subsection (a)(2) utilizing 
an approval process required for programs to certify the
qualification of locomotive engineers pursuant to part 240 
of title 49, Code of Federal Regulations. 
‘‘(c) EXEMPTION.—The Secretary may exempt rail-
road carriers and railroad carrier contractors and sub-
contractors from submitting training plans for which the 
Secretary has issued training regulations before the date of 
enactment of the Rail Safety Improvement Act of 2008.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 201, as amended by section 210 of this division, 
is amended by inserting after the item relating to section 
20161 the following: 
‘‘20162. Minimum training standards and plans.’’. 
SEC. 402. CERTIFICATION OF CERTAIN CRAFTS OR CLASSES 
OF EMPLOYEES. 
(a) AMENDMENT.—Subchapter II of chapter 201, as 
amended by section 401 of this division, is further amended 
by adding at the end the following new section: 
‘‘§ 20163. Certification of train conductors 
‘‘(a) REGULATIONS.—Not later than 18 months after 
the date of enactment of the Rail Safety Improvement Act 
of 2008, the Secretary of Transportation shall prescribe reg-
ulations to establish a program requiring the certification 
of train conductors. In prescribing such regulations, the 
Secretary shall require that train conductors be trained, in 
accordance with the training standards developed pursuant 
to section 20162.