road tracks either at grade or grade-separated, 
where— 
‘‘(A) a public highway, road, or street, or a 
private roadway, including associated sidewalks 
and pathways, crosses one or more railroad 
tracks either at grade or grade-separated; or 
‘‘(B) a pathway dedicated for the use of 
nonvehicular 
traffic, 
including 
pedestrians, 
bicyclists, and others, that is not associated with 
a public highway, road, or street, or a private 
roadway, crosses one or more railroad tracks ei-
ther at grade or grade-separated. 
‘‘(2) STATE.—The term ‘State’ means a State of 
the United States, the District of Columbia, or the 
Commonwealth of Puerto Rico.’’. 
(b) CONFORMING AMENDMENT.—The table of sections 
for such subchapter II of chapter 201 is amended by adding 
at the end the following new item: 
‘‘20157. National crossing inventory.’’. 
(c) REPORTING AND UPDATING.—Section 130 of title 
23, United States Code, is amended by adding at the end 
the following: 
‘‘(l) NATIONAL CROSSING INVENTORY.— 
‘‘(1) INITIAL REPORTING OF CROSSING INFORMA-
TION.—Not later than 1 year after the date of enact-
ment of the Federal Railroad Safety Improvement Act 
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of 2007 or within 6 months of a new crossing becom-
ing operational, whichever occurs later, each State 
shall report to the Secretary of Transportation cur-
rent information, including information about warn-
ing devices and signage, as specified by the Secretary, 
concerning each previously unreported crossing lo-
cated within its borders. 
‘‘(2) PERIODIC UPDATING OF CROSSING INFOR-
MATION.—On a periodic basis beginning not later 
than 3 years after the date of enactment of the Fed-
eral Railroad Safety Improvement Act of 2007 and 
on or before September 30 of every third year there-
after, or as otherwise specified by the Secretary, each 
State shall report to the Secretary current informa-
tion, including information about warning devices 
and signage, as specified by the Secretary, concerning 
each crossing located within its borders. 
‘‘(3) RULEMAKING AUTHORITY.—The Secretary 
shall prescribe the regulations necessary to implement 
this subsection. The Secretary may enforce each provi-
sion of the Department of Transportation’s statement 
of the national highway-rail crossing inventory pol-
icy, procedures, and instructions for States and rail-
roads that is in effect on the date of enactment of the 
Federal Railroad Safety Improvement Act of 2007, 
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until such provision is superseded by a regulation 
issued under this subsection. 
‘‘(4) DEFINITIONS.—In this subsection, the terms 
‘crossing’ and ‘State’ have the meaning given those 
terms by section 20157(d)(1) and (2), respectively, of 
title 49.’’. 
(d) CIVIL PENALTIES.—(1) Section 21301(a)(1) of title 
49, United States Code, is amended— 
(A) by inserting ‘‘with section 20157 or’’ after 
‘‘comply’’ in the first sentence; and 
(B) by inserting ‘‘section 20157 of this title or’’ 
after ‘‘violating’’ in the second sentence. 
(2) Section 21301(a)(2) of title 49, United States Code, 
is amended by inserting ‘‘The Secretary shall impose a civil 
penalty for a violation of section 20157 of this title.’’ after 
the first sentence. 
SEC. 405. ACCIDENT AND INCIDENT REPORTING. 
The Federal Railroad Safety 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 
collisions and fatalities are reported to the national acci-
dent database. 
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SEC. 406. AUTHORITY TO BUY PROMOTIONAL ITEMS TO IM-
PROVE RAILROAD CROSSING SAFETY AND 
PREVENT RAILROAD TRESPASS. 
Section 20134(a) of title 49, United States Code, is 
amended by adding at the end the following: ‘‘The Secretary 
may purchase promotional items of nominal value and dis-
tribute them to the public without charge as part of an edu-
cational or awareness program 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 
prevent trespass on railroad rights of way, and the Sec-
retary shall prescribe guidelines for the administration of 
this authority.’’. 
SEC. 407. OPERATION LIFESAVER. 
(a) GRANT.—The Federal Railroad Safety Adminis-
tration shall make a grant or grants to Operation Lifesaver 
to carry out a public information and education program 
to help prevent and reduce pedestrian, bicycle, motor vehi-
cle, and other incidents, injuries, and fatalities, and to im-
prove awareness along railroad rights-of-way and at high-
way-rail grade crossings. This includes development, place-
ment, and dissemination 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 sup-
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port for the activities of Operation Lifesaver’s member orga-
nizations. 
(b) PILOT PROGRAM.—Funds provided under sub-
section (a) may also be used by Operation Lifesaver to im-
plement a pilot program, to be known as the Railroad Safe-
ty Public Awareness Program, that addresses the need for 
targeted, sustained community outreach on the subjects de-
scribed in subsection (a). Such pilot program shall be estab-
lished in States and communities where risk is greatest, in 
terms of the number of crashes and population density near 
the railroad, including residences, businesses, and schools. 
Such pilot program shall be carried out through grants to 
Operation Lifesaver for work with community leaders, 
school districts, and public and private partners to identify 
the communities at greatest risk, and through development 
of an implementation plan. An evaluation component re-
quirement shall be included in the grant to measure results. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Federal Railroad Safe-
ty Administration for carrying out this section $1,500,000 
for each of the fiscal years 2008 through 2011. 
SEC. 408. STATE ACTION PLAN. 
(a) IN GENERAL.—The Secretary shall identify on an 
annual basis the top 10 States that have had the most high-
way-rail grade crossing collisions over the past year. The 
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