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‘‘(A) a telephone number to be used for plac-
ing calls described in paragraph (1) to the rail-
road carrier dispatching trains on that right-of-
way;
‘‘(B) an explanation of the purpose of that
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) 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
incidents, injuries, and fatalities, and to improve awareness
along railroad rights-of-way and at highway-rail grade
crossings. This includes development, placement, and dis-
semination of Public Service Announcements in newspaper,
radio, television, and other media. It will also include
school presentations, brochures and materials, support for
public awareness campaigns, and related support for the
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activities of Operation Lifesaver’s member organizations.
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 Act. 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 2008,
2009, and 2010; and
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(2) $1,500,000 for each of fiscal years 20011,
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
to a maximum of 3 States per year for development or con-
tinuance of enhanced public education and awareness ac-
tivities, in combination with targeted law enforcement, to
significantly reduce violations of traffic laws at highway-
rail grade crossings and to help prevent and reduce injuries
and fatalities along railroad rights-of-way.
‘‘§ 22502. Distribution
‘‘The Secretary shall provide the grants to the State
agency or agencies responsible for highway-rail grade cross-
ing safety.
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‘‘§ 22503. Standards for awarding grants
‘‘The Secretary shall provide grants based upon the
merits of the proposed program of activities provided by
the State and upon a determination of where the grants
will provide the greatest safety benefits.
‘‘§ 22504. Use of funds
‘‘Any State receiving a grant under this chapter shall
use the funds to develop, implement, and continue to meas-
ure the effectiveness of a dedicated program of public edu-
cation and enforcement of highway-rail crossing safety laws
and to prevent casualties along railroad rights-of-way. The
Secretary may not make a grant under this chapter avail-
able to assist a State or political subdivision thereof in es-
tablishing or continuing a quiet zone pursuant to part 222
of title 49, Code of Federal Regulations.
‘‘§ 22505. Authorization of appropriations
‘‘There are authorized to be appropriated to the Sec-
retary $500,000 for each of fiscal years 2009 through 2013
to carry out the provisions of this chapter. Amounts appro-
priated 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 grant to States for highway-rail crossing safety..............................22501’’.
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SEC. 208. TRESPASSER PREVENTION AND HIGHWAY-RAIL
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 warning signs and develop model prevention
strategies and enforcement laws to be used for the consider-
ation of State and local legislatures and governmental enti-
ties. The first such evaluation and review concerning viola-
tions of grade crossing signals shall be completed within
1 year after the date of enactment of the Railroad Safety
Enhancement Act of 2008. The Secretary shall revise the
model prevention strategies and enforcement codes periodi-
cally.’’;
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(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) Within 18 months after the date of enactment of
the Railroad Safety Enhancement 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 warning signs.’’; 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 warning signs’ includes any
action by a motorist, unless directed by an authorized safety
officer—
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‘‘(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 of title 49, United States Code, 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 of the subsection the following: ‘‘The Sec-
retary may purchase items of nominal value and distribute
them to the public without charge as part of an educational
or awareness program to accomplish the purposes of this
section and of any other sections of this title related to im-
proving the safety of highway-rail crossings and to pre-
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venting trespass on railroad rights of way, and the Sec-
retary shall prescribe guidelines for the administration of
this authority.’’.
SEC. 209. 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 Act, 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) POLICY.—It is the policy of the Department of
Transportation to encourage the development of new tech-
nology that can prevent loss of life and injuries at highway-
rail grade crossings. The Secretary of Transportation shall
carry out this policy in consultation with States and nec-
essary public and private entities.
‘‘(b) 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 the new technology
designed to improve safety at highway-rail grade crossings
in accordance with Federal Railroad Administration stand-
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ards 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.
‘‘(c) EFFECT OF SECRETARIAL APPROVAL.—If the Sec-
retary approves new technology to provide warning to high-
way users at a highway-rail grade crossing and such tech-
nology is installed at a highway-rail grade crossing in ac-
cordance with the conditions of the approval, this deter-
mination preempts any State law concerning the adequacy
of the technology in providing warning at the crossing.
Under no circumstances may a person (including a State,
other public authority, railroad carrier, system designer, or
supplier of the technology) be held liable for damages for
any harm to persons or property because of an accident
or incident at the crossing protected by such technology
based upon the carrier’s failure to properly inspect and
maintain such technology, if the carrier has inspected and
maintained the technology in accordance with the terms of
the Secretary’s approval.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 201, as amended by section 204 of this Act, is
further amended by inserting after the item relating to sec-
tion 20160, the following:
‘‘20161. Fostering introduction of new technology to improve safety at highway-
rail grade crossings’’.
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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
25 employees in each of fiscal years 2008 through 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 the Railroad
Safety Risk Reduction Pilot Program and the Rail-
road Safety Risk Reduction Program;
(4) to implement section 20166 of title 49,
United States Code, and to focus on encouragement
and oversight of the use of new or novel rail safety
technology;
(5) to conduct routine inspections and audits of
railroad and hazardous materials facilities and
records for compliance with railroad safety laws and
regulations;
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(6) to inspect railroad bridges, tunnels, and re-
lated infrastructure, and to review or analyze rail-
road bridge, tunnel, and related infrastructure inspec-
tion reports;
(7) to prevent or respond to natural or manmade
emergency situations or events involving rail infra-
structure or employees; and
(8) 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—