‘‘(B) 
CONTENTS.—Each 
such 
report 
shall— 
‘‘(i) identify each case in which formal 
charges under paragraph (1) were brought; 
‘‘(ii) describe the status or disposition 
of each such case; and 
‘‘(iii) in any actions under subsection 
(c)(1) in which the employee was the pre-
vailing party or the substantially prevailing 
party, indicate whether or not any formal 
charges under paragraph (1) of this sub-
section have been brought and, if not, the 
reasons therefor. 
‘‘(f) NO PREEMPTION.—Nothing in this section pre-
empts or diminishes any other safeguards against dis-
crimination, demotion, discharge, suspension, threats, har-
assment, reprimand, retaliation, or any other manner of 
discrimination 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 
bargaining agreement. The rights and remedies in this 
section may not be waived by any agreement, policy, form, 
or condition of employment.’’. 
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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 enact-
ment of the Federal Railroad Safety Improvement Act of 
2007, 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; 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 
crossing to warn them of the malfunction or disabled 
vehicle; 
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‘‘(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 offi-
cials having jurisdiction over the grade crossing to 
provide them with the information necessary for 
them to direct traffic, assist in the removal of the 
disabled vehicle, or carry out other activities appro-
priate to responding to the hazardous circumstance; 
and 
‘‘(4) ensure the placement at each grade cross-
ing on rights-of-way that it owns of appropriately lo-
cated 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. 
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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 Im-
provement Act of 2007, the Secretary of Transportation 
shall prescribe regulations that require each railroad car-
rier to remove 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 reasonable distance in either direction of the train’s ap-
proach, and to maintain its rights-of-way at all such cross-
ings free of such vegetation. In prescribing the regula-
tions, the Secretary shall take into consideration to the 
extent practicable— 
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‘‘(1) the type of warning device or warning de-
vices installed at the crossing; 
‘‘(2) factors affecting the timeliness and effec-
tiveness of roadway user decisionmaking, including 
the maximum allowable roadway speed, maximum 
authorized train speed, angle of intersection, and to-
pography; 
‘‘(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. 
‘‘(b) PROTECTED VEGETATION.—In promulgating 
regulations pursuant to this section, the Secretary may 
make allowance for preservation of trees and other orna-
mental 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 hold-
er is notified of the sight distance obstruction and, within 
a reasonable period specified by the regulation, takes ap-
propriate temporary and permanent action to abate the 
hazard to roadway users (such as by closing the crossing, 
posting supplementary signage, installing active warning 
devices, lowering roadway speed, or installing traffic 
calming devices). 
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