carrier in any calendar month where the employee 
has spent a total of 276 hours— 
‘‘(A) on duty; 
‘‘(B) waiting for deadhead transportation, 
or in deadhead transportation from a duty as-
signment to the place of final release; or 
‘‘(C) in any other mandatory service for the 
carrier; 
‘‘(2) remain or go on duty for a period in excess 
of 12 consecutive hours; 
‘‘(3) remain or go on duty unless that employee 
has had at least 10 consecutive hours off duty during 
the prior 24 hours; or 
‘‘(4) remain or go on duty after that employee 
has initiated an on-duty period each day for— 
‘‘(A) 6 consecutive days, unless that em-
ployee has had at least 48 consecutive hours off 
duty at the employee’s home terminal during 
which time the employee is unavailable for any 
service for any railroad carrier except that— 
‘‘(i) an employee may work a seventh 
consecutive day if that employee completed 
his or her final period of on-duty time on 
his or her sixth consecutive day at a ter-
minal other than his or her home terminal; 
and 
‘‘(ii) any employee who works a sev-
enth consecutive day pursuant to subpara-
graph (i) shall have at least 72 consecutive 
hours off duty at the employee’s home ter-
minal during which time the employee is 
unavailable for any service for any railroad 
carrier; or 
‘‘(B) except as provided in subparagraph 
(A), 7 consecutive days, unless that employee has 
had at least 72 consecutive hours off duty at the 
employee’s home terminal during which time the 
employee is unavailable for any service for any 
railroad carrier, if— 
‘‘(i) for a period of 18 months fol-
lowing the date of enactment of the Rail 
Safety Improvement Act of 2008, an exist-
ing collective bargaining agreement ex-
pressly provides for such a schedule or, fol-
lowing the expiration of 18 months after the 
date of enactment of the Rail Safety Im-
provement Act of 2008, collective bargaining 
agreements entered into during such period 
expressly provide for such a schedule;
‘‘(ii) such a schedule is provided for by 
a pilot program authorized by a collective 
bargaining agreement; or 
‘‘(iii) such a schedule is provided for 
by a pilot program under section 21108 of 
this chapter related to employees’ work and 
rest cycles. 
The Secretary may waive paragraph (4), consistent with 
the procedural requirements of section 20103, if a collective 
bargaining agreement provides a different arrangement and 
such an arrangement is in the public interest and consistent 
with railroad safety.’’; 
(2) by redesignating subsection (c) as subsection 
(d) and inserting after subsection (b) the following: 
‘‘(c) LIMBO TIME LIMITATION AND ADDITIONAL REST 
REQUIREMENT.— 
‘‘(1) A railroad carrier may not require or allow 
an employee— 
‘‘(A) to exceed a total of 40 hours per cal-
endar month spent— 
‘‘(i) waiting for deadhead transpor-
tation; or 
‘‘(ii) in deadhead transportation from 
a duty assignment to the place of final re-
lease,
following a period of 12 consecutive hours on 
duty that is neither time on duty nor time off 
duty, not including interim rest periods, during 
the period from the date of enactment of the Rail 
Safety Improvement Act of 2008 to one year 
after such date of enactment; and 
‘‘(B) to exceed a total of 30 hours per cal-
endar month spent— 
‘‘(i) waiting for deadhead transpor-
tation; or 
‘‘(ii) in deadhead transportation from 
a duty assignment to the place of final re-
lease, 
following a period of 12 consecutive hours on 
duty that is neither time on duty nor time off 
duty, not including interim rest periods, during 
the period beginning one year after the date of 
enactment of the Rail Safety Improvement Act of 
2008 except that the Secretary may further limit 
the monthly limitation pursuant to regulations 
prescribed under section 21109. 
‘‘(2) The limitations in paragraph (1) shall 
apply unless the train carrying the employee is di-
rectly delayed by— 
‘‘(A) a casualty;
‘‘(B) an accident; 
‘‘(C) an act of God; 
‘‘(D) a derailment; 
‘‘(E) a major equipment failure that pre-
vents the train from advancing; or 
‘‘(F) a delay resulting from a cause un-
known and unforeseeable to a railroad carrier or 
its officer or agent in charge of the employee 
when the employee left a terminal. 
‘‘(3) Each railroad carrier shall report to the 
Secretary, in accordance with procedures established 
by the Secretary, each instance where an employee 
subject to this section spends time waiting for 
deadhead transportation or in deadhead transpor-
tation from a duty assignment to the place of final 
release in excess of the requirements of paragraph (1). 
‘‘(4) If— 
‘‘(A) the time spent waiting for deadhead 
transportation or in deadhead transportation 
from a duty assignment to the place of final re-
lease that is not time on duty, plus 
‘‘(B) the time on duty, 
exceeds 12 consecutive hours, the railroad carrier and 
its officers and agents shall provide the employee with
additional time off duty equal to the number of hours 
by which such sum exceeds 12 hours.’’; and 
(3) by adding at the end thereof the following: 
‘‘(e) COMMUNICATION DURING TIME OFF DUTY.— 
During a train employee’s minimum off-duty period of 10 
consecutive hours, as provided under subsection (a) or dur-
ing an interim period of at least 4 consecutive hours avail-
able for rest under subsection (b)(7) or during additional 
off-duty hours under subsection (c)(4), a railroad carrier, 
and its officers and agents, shall not communicate with the 
train employee by telephone, by pager, or in any other man-
ner that could reasonably be expected to disrupt the employ-
ee’s rest. Nothing in this subsection shall prohibit commu-
nication necessary to notify an employee of an emergency 
situation, as defined by the Secretary. The Secretary may 
waive the requirements of this paragraph for commuter or 
intercity passenger railroads if the Secretary determines 
that such a waiver will not reduce safety and is necessary 
to maintain such railroads’ efficient operations and on- 
time performance of its trains.’’. 
(c) LIMITATION ON DUTY HOURS OF SIGNAL EMPLOY-
EES.—Section 21104 is amended— 
(1) by striking subsection (a) and inserting the 
following:
‘‘(a) IN GENERAL.—Except as provided in subsection 
(c) of this section, a railroad carrier and its officers and 
agents may not require or allow its signal employees to re-
main or go on duty and a contractor or subcontractor to 
a railroad carrier and its officers and agents may not re-
quire or allow its signal employees to remain or go on duty 
— 
‘‘(1) for a period in excess of 12 consecutive 
hours; or 
‘‘(2) unless that employee has had at least 10 
consecutive hours off duty during the prior 24 
hours.’’; 
(2) by striking ‘‘duty, except that up to one hour 
of that time spent returning from the final trouble 
call of a period of continuous or broken service is 
time off duty.’’ in subsection (b)(3) and inserting 
‘‘duty.’’; 
(3) by inserting ‘‘A signal employee may not be 
allowed to remain or go on duty under the emergency 
authority provided under this subsection to conduct 
routine repairs, routine maintenance, or routine in-
spection of signal systems.’’ after ‘‘service.’’ in sub-
section (c); and 
(4) by adding at the end the following:
‘‘(d) COMMUNICATION DURING TIME OFF DUTY.— 
During a signal employee’s minimum off-duty period of 10 
consecutive hours, as provided under subsection (a), a rail-
road carrier or a contractor or subcontractor to a railroad 
carrier, and its officers and agents, shall not communicate 
with the signal employee by telephone, by pager, or in any 
other manner that could reasonably be expected to disrupt 
the employee’s rest. Nothing in this subsection shall prohibit 
communication necessary to notify an employee of an emer-
gency situation, as defined by the Secretary. 
‘‘(e) EXCLUSIVITY.—The hours of service, duty hours, 
and rest periods of signal employees shall be governed exclu-
sively by this chapter. Signal employees operating motor 
vehicles shall not be subject to any hours of service rules, 
duty hours or rest period rules promulgated by any Federal 
authority, including the Federal Motor Carrier Safety Ad-
ministration, other than the Federal Railroad Administra-
tion.’’. 
(d) ALTERNATE HOURS OF SERVICE REGIME.— 
(1) APPLICATION
OF
HOURS
OF
SERVICE
RE-
GIME.—Section 21102 is amended— 
(A) by striking the section caption and in-
serting the following:
‘‘§ 21102. Nonapplication, exemption, and alternate 
hours of service regime’’; and 
(B) by adding at the end thereof the fol-
lowing: 
‘‘(c) APPLICATION OF HOURS OF SERVICE REGIME TO 
COMMUTER AND INTERCITY PASSENGER RAILROAD TRAIN 
EMPLOYEES.— 
‘‘(1) When providing commuter rail passenger 
transportation or intercity rail passenger transpor-
tation, the limitations on duty hours for train em-
ployees of railroad carriers, including public authori-
ties operating passenger service, shall be solely gov-
erned by old section 21103 until the earlier of— 
‘‘(A) the effective date of regulations pre-
scribed by the Secretary under section 21109(b) 
of this chapter; or 
‘‘(B) the date that is 3 years following the 
date of enactment of the Rail Safety Improve-
ment Act of 2008. 
‘‘(2) After the date on which old section 21103 
ceases to apply, pursuant to paragraph (1), to the 
limitations on duty hours for train employees of rail-
road carriers with respect to the provision of com-
muter rail passenger transportation or intercity rail 
passenger transportation, the limitations on duty 
hours for train employees of such railroad carriers
shall be governed by new section 21103, except as pro-
vided in paragraph (3). 
‘‘(3) After the effective date of the regulations 
prescribed by the Secretary under section 21109(b) of 
this title, such carriers shall— 
‘‘(A) comply with the limitations on duty 
hours for train employees with respect to the pro-
vision of commuter rail passenger transportation 
or intercity rail passenger transportation as pre-
scribed by such regulations; and 
‘‘(B) be exempt from complying with the 
provisions of old section 21103 and new section 
21103 for such employees. 
‘‘(4) In this subsection: 
‘‘(A) The terms ‘commuter rail passenger 
transportation’ and ‘intercity rail passenger 
transportation’ have the meaning given those 
terms in section 24102 of this title. 
‘‘(C) The term ‘new section 21103’ means 
section 21103 of this chapter as amended by the 
Rail Safety Improvement Act of 2008. 
‘‘(D) The term ‘old section 21103’ means 
section 21103 of this chapter as it was in effect 
on the day before the enactment of that Act.’’.
(2) CONFORMING
AMENDMENT.—The chapter 
analysis for chapter 211 is amended by striking the 
item relating to section 21102 and inserting the fol-
lowing: 
‘‘21102. Nonapplication, exemption, and alternate hours of service regime.’’. 
(e) REGULATORY AUTHORITY.— 
(1) IN GENERAL.—Chapter 211 is amended by 
adding at the end thereof the following: 
‘‘§ 21109. Regulatory authority 
‘‘(a) IN GENERAL.—In order to improve safety and re-
duce employee fatigue, the Secretary may prescribe regula-
tions— 
‘‘(1) to reduce the maximum hours an employee 
may be required or allowed to go or remain on duty 
to a level less than the level established under this 
chapter; 
‘‘(2) to increase the minimum hours an employee 
may be required or allowed to rest to a level greater 
than the level established under this chapter; 
‘‘(3) to limit or eliminate the amount of time an 
employee spends waiting for deadhead transportation 
or in deadhead transportation from a duty assign-
ment to the place of final release that is considered 
neither on duty nor off duty under this chapter; 
‘‘(4) for signal employees—
‘‘(A) to limit or eliminate the amount of 
time that is considered to be neither on duty nor 
off duty under this chapter that an employee 
spends returning from an outlying worksite after 
scheduled duty hours or returning from a trouble 
call to the employee’s headquarters or directly to 
the employee’s residence; and 
‘‘(B) to increase the amount of time that 
constitutes a release period, that does not break 
the continuity of service and is considered time 
off duty; and 
‘‘(5) to require other changes to railroad oper-
ating and scheduling practices, including unscheduled 
duty calls, that could affect employee fatigue and rail-
road safety. 
‘‘(b) REGULATIONS GOVERNING THE HOURS OF SERV-
ICE OF TRAIN EMPLOYEES OF COMMUTER AND INTERCITY 
PASSENGER RAILROAD CARRIERS.—Within 3 years after 
the date of enactment of the Rail Safety Improvement Act 
of 2008, the Secretary shall prescribe regulations and issue 
orders to establish hours of service requirements for train 
employees engaged in commuter rail passenger transpor-
tation and intercity rail passenger transportation (as de-
fined in section 24102 of this title) that may differ from 
the requirements of this chapter. Such regulations and or-
ders may address railroad operating and scheduling prac-
tices, including unscheduled duty calls, communications 
during time off duty, and time spent waiting for deadhead 
transportation or in deadhead transportation from a duty 
assignment to the place of final release, that could affect 
employee fatigue and railroad safety. 
‘‘(c) CONSIDERATIONS.—In issuing regulations under 
subsection (a) the Secretary shall consider scientific and 
medical research related to fatigue and fatigue abatement, 
railroad scheduling and operating practices that improve 
safety or reduce employee fatigue, a railroad’s use of new 
or novel technology intended to reduce or eliminate human 
error, the variations in freight and passenger railroad 
scheduling practices and operating conditions, the vari-
ations in duties and operating conditions for employees 
subject to this chapter, a railroad’s required or voluntary 
use of fatigue management plans covering employees subject 
to this chapter, and any other relevant factors. 
‘‘(d) TIME LIMITS.— 
‘‘(1) If the Secretary determines that regulations 
are necessary under subsection (a), the Secretary shall 
first request that the Railroad Safety Advisory Com-
mittee develop proposed regulations and, if the Com-
mittee accepts the task, provide the Committee with a 
reasonable time period in which to complete the task.
‘‘(2) If the Secretary requests that the Railroad 
Safety Advisory Committee accept the task of devel-
oping regulations under subsection (b) and the Com-
mittee accepts the task, the Committee shall reach 
consensus on the rulemaking within 18 months after 
accepting the task. If the Committee does not reach 
consensus within 18 months after the Secretary makes 
the request, the Secretary shall prescribe appropriate 
regulations within 18 months. 
‘‘(3) If the Secretary does not request that the 
Railroad Safety Advisory Committee accept the task 
of developing regulations under subsection (b), the 
Secretary shall prescribe regulations within 3 years 
after the date of enactment of the Rail Safety Im-
provement Act of 2008. 
‘‘(e) PILOT PROJECTS.— 
‘‘(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of the Rail Safety Improvement 
Act of 2008, the Secretary shall conduct at least 2 
pilot projects of sufficient size and scope to analyze 
specific practices which may be used to reduce fatigue 
for train and engine and other railroad employees as 
follows: 
‘‘(A) A pilot project at a railroad or rail-
road facility to evaluate the efficacy of commu-
nicating to employees notice of their assigned 
shift time 10 hours prior to the beginning of 
their assigned shift as a method for reducing em-
ployee fatigue. 
‘‘(B) A pilot project at a railroad or rail-
road facility to evaluate the efficacy of requiring 
railroads who use employee scheduling practices 
that subject employees to periods of unscheduled 
duty calls to assign employees to defined or spe-
cific unscheduled call shifts that are followed by 
shifts not subject to call, as a method for reduc-
ing employee fatigue. 
‘‘(2) WAIVER.—The Secretary may temporarily 
waive the requirements of this section, if necessary, to 
complete a pilot project under this subsection. 
‘‘(f) DUTY CALL DEFINED.—In this section the term 
‘duty call’ means a telephone call that a railroad places 
to an employee to notify the employee of his or her assigned 
shift time.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) The chapter analysis for chapter 211 is 
amended by adding at the end thereof the fol-
lowing: 
‘‘21109. Regulatory authority.’’. 
(B) The first sentence of section 21303(a)(1) 
is amended by inserting ‘‘including section
21103 (as such section was in effect on the day 
before the date of enactment of the Rail Safety 
Improvement Act of 2008),’’ after ‘‘this title,’’ the 
second place it appears. 
(f) RECORD KEEPING AND REPORTING.— 
(1) REGULATIONS.—Not later than 180 days 
after the date of enactment of this Act, the Secretary 
shall prescribe a regulation revising the requirements 
for recordkeeping and reporting for Hours of Service 
of Railroad Employees contained in part 228 of title 
49, Code of Federal Regulations— 
(A) to adjust record keeping and reporting 
requirements to support compliance with chapter 
211 of title 49, United States Code, as amended 
by this Act; 
(B) to authorize electronic record keeping, 
and reporting of excess service, consistent with 
appropriate considerations for user interface; 
and 
(C) to require training of affected employees 
and supervisors, including training of employees 
in the entry of hours of service data. 
(2) PROCEDURE.—In lieu of issuing a notice of 
proposed rulemaking as contemplated by section 553 
of title 5, United States Code, the Secretary may uti-
lize the Railroad Safety Advisory Committee to assist 
in development of the regulation. The Secretary may 
propose and adopt amendments to the revised regula-
tions thereafter as may be necessary in light of expe-
rience under the revised requirements. 
(g) DELAY IN IMPLEMENTATION OF DUTY HOURS LIM-
ITATION CHANGES.—The amendments made by subsections 
(a), (b), and (c) shall take effect 9 months after the date 
of enactment of this Act. 
SEC. 109. PROTECTION OF RAILROAD SAFETY RISK ANAL-
YSES INFORMATION. 
(a) AMENDMENT.—Subchapter I of chapter 201 is 
amended by adding at the end thereof the following: 
‘‘§ 20118. Prohibition on public disclosure of railroad 
safety analysis records 
‘‘(a) IN GENERAL.—Except as necessary for the Sec-
retary of Transportation or another Federal agency to en-
force or carry out any provision of Federal law, any part 
of any record (including, but not limited to, a railroad car-
rier’s analysis of its safety risks and its statement of the 
mitigation measures it has identified with which to address 
those risks) that the Secretary has obtained pursuant to a 
provision of, or regulation or order under, this chapter re-
lated to the establishment, implementation, or modification 
of a railroad safety risk reduction program or pilot pro-
gram is exempt from the requirements of section 552 of title 
5 if the record is— 
‘‘(1) supplied to the Secretary pursuant to that 
safety risk reduction program or pilot program; or 
‘‘(2) made available for inspection and copying 
by an officer, employee, or agent of the Secretary pur-
suant to that safety risk reduction program or pilot 
program. 
‘‘(b) EXCEPTION.—Notwithstanding subsection (a), the 
Secretary may disclose any part of any record comprised 
of facts otherwise available to the public if, in the Sec-
retary’s sole discretion, the Secretary determines that dis-
closure would be consistent with the confidentiality needed 
for that safety risk reduction program or pilot program. 
‘‘(c) DISCRETIONARY PROHIBITION OF DISCLOSURE.— 
The Secretary may prohibit the public disclosure of risk 
analyses or risk mitigation analyses that the Secretary has 
obtained under other provisions of, or regulations or orders 
under, this chapter if the Secretary determines that the pro-
hibition of public disclosure is necessary to promote rail-
road safety. 
‘‘§ 20119. Study on use of certain reports and surveys 
‘‘(a) STUDY.—The Federal Railroad Administration 
shall complete a study to evaluate whether it is in the public 
interest, including public safety and the legal rights of per-
sons injured in railroad accidents, to withhold from dis-
covery or admission into evidence in a Federal or State 
court proceeding for damages involving personal injury or 
wrongful death against a carrier any report, survey, sched-
ule, list, or data compiled or collected for the purpose of 
evaluating, planning, or implementing a railroad safety 
risk reduction program required under this chapter, includ-
ing a railroad carrier’s analysis of its safety risks and its 
statement of the mitigation measures with which it will ad-
dress those risks. In conducting this study, the Secretary 
shall solicit input from the railroads, railroad non-profit 
employee labor organizations, railroad accident victims and 
their families, and the general public. 
‘‘(b) AUTHORITY.—Following completion of the study 
required under subsection (a), the Secretary, if in the public 
interest, including public safety and the legal rights of per-
sons injured in railroad accidents, may prescribe a rule 
subject to notice and comment to address the results of the 
study. Any such rule prescribed pursuant to this subsection 
shall not become effective until 1 year after its adoption.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 201 is amended by inserting after the item relat-
ing to section 20117 the following: 
‘‘20118. Prohibition on public disclosure of railroad safety analysis records. 
‘‘20119. Study on use of certain reports and surveys.’’.
SEC. 110. PILOT PROJECTS. 
Section 21108 is amended to read as follows: 
‘‘§ 21108. Pilot projects 
‘‘(a) IN GENERAL.—As of the date of enactment of the 
Rail Safety Improvement Act of 2008, a railroad carrier 
or railroad carriers and all nonprofit employee labor orga-
nizations representing any class or craft of directly affected 
covered service employees of the railroad carrier or railroad 
carriers, may jointly petition the Secretary of Transpor-
tation for approval of— 
‘‘(1) a waiver of compliance with this chapter as 
in effect on the date of enactment of the Rail Safety 
Improvement Act of 2008; or 
‘‘(2) a waiver of compliance with this chapter as 
it will be effective 9 months after the enactment of the 
Rail Safety Improvement Act of 2008, 
to enable the establishment of one or more pilot projects to 
demonstrate the possible benefits of implementing alter-
natives to the strict application of the requirements of this 
chapter, including requirements concerning maximum on- 
duty and minimum off-duty periods. 
‘‘(b) GRANTING OF WAIVERS.—The Secretary may, 
after notice and opportunity for comment, approve such 
waivers described in subsection (a) for a period not to ex-
ceed two years, if the Secretary determines that such a
waiver of compliance is in the public interest and is con-
sistent with railroad safety. 
‘‘(c) EXTENSIONS.—Any such waiver, based on a new 
petition, may be extended for additional periods of up to 
two years, after notice and opportunity for comment. An 
explanation of any waiver granted under this section shall 
be published in the Federal Register. 
‘‘(d) REPORT.—The Secretary of Transportation shall 
submit to the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives, 
no later than December 31, 2012, or, if no projects are com-
pleted prior to December 31, 2012, no later than 6 months 
after the completion of a pilot project, a report that— 
‘‘(1) explains and analyzes the effectiveness of 
any pilot project established pursuant to a waiver 
granted under subsection (a); 
‘‘(2) describes the status of all other waivers 
granted under subsection (a) and their related pilot 
projects, if any; and 
‘‘(3) recommends any appropriate legislative 
changes to this chapter. 
‘‘(e) DEFINITION.—For purposes of this section, the 
term ‘directly affected covered service employees’ means cov-
ered service employees to whose hours of service the terms 
of the waiver petitioned for specifically apply.’’. 
TITLE II—HIGHWAY-RAIL GRADE 
CROSSING AND PEDESTRIAN 
SAFETY 
AND 
TRESPASSER 
PREVENTION 
SEC. 201. PEDESTRIAN CROSSING SAFETY. 
Not later than 1 year after the date of enactment of 
this Act, the Secretary shall provide guidance to railroads 
on strategies and methods to prevent pedestrian accidents, 
incidents, injuries, and fatalities at or near passenger sta-
tions, including— 
(1) providing audible warning of approaching 
trains to the pedestrians at railroad passenger sta-
tions; 
(2) using signs, signals, or other visual devices 
to warn pedestrians of approaching trains; 
(3) installing infrastructure at pedestrian cross-
ings to improve the safety of pedestrians crossing rail-
road tracks; 
(4) installing fences to prohibit access to railroad 
tracks; and 
(5) other strategies or methods as determined by 
the Secretary.
SEC. 202. STATE ACTION PLANS. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall identify the 
10 States that have had the most highway-rail grade cross-
ing collisions, on average, over the past 3 years and require 
those States to develop a State grade crossing action plan 
within a reasonable period of time, as determined by the 
Secretary. The plan shall identify specific solutions for im-
proving safety at crossings, including highway-rail grade 
crossing closures or grade separations, and shall focus on 
crossings that have experienced multiple accidents or are 
at high risk for such accidents. The Secretary shall provide 
assistance to the States in developing and carrying out, as 
appropriate, the plan. The plan may be coordinated with 
other State or Federal planning requirements and shall 
cover a period of time determined to be appropriate by the 
Secretary. The Secretary may condition the awarding of 
any grants under section 20158, 20167, or 22501 of title 
49, United States Code, to a State identified under this sec-
tion on the development of such State’s plan. 
(b) REVIEW AND APPROVAL.—Not later than 60 days 
after the Secretary receives a plan under subsection (a), the 
Secretary shall review and approve or disapprove it. If the 
proposed plan is disapproved, the Secretary shall notify the 
affected State as to the specific areas in which the proposed 
plan is deficient, and the State shall correct all deficiencies
within 30 days following receipt of written notice from the 
Secretary. 
SEC. 203. IMPROVEMENTS TO SIGHT DISTANCE AT HIGH-
WAY-RAIL GRADE CROSSINGS. 
(a) IN GENERAL.—Subchapter II of chapter 201, as 
amended by section 105 of this division, is further amended 
by inserting after section 20158 the following: 
‘‘§ 20159. Roadway user sight distance at highway-rail 
grade crossings 
‘‘Not later than 18 months after the date of enactment 
of the Rail Safety Improvement Act of 2008, the Secretary, 
after consultation with the Federal Railroad Administra-
tion, the Federal Highway Administration, and States, 
shall develop and make available to States model legislation 
providing for improving safety by addressing sight obstruc-
tions, including vegetation growth, topographic features, 
structures, and standing railroad equipment, at highway- 
rail grade crossings that are equipped solely with passive 
warnings, as recommended by the Inspector General of the 
Department of Transportation in Report No. MH–2007– 
044.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 201, as amended by section 105 of this division, 
is amended by inserting after the item relating to section 
20158 the following new item: 
‘‘20159. Roadway user sight distance at highway-rail grade crossings.’’.
SEC. 204. NATIONAL CROSSING INVENTORY. 
(a) IN GENERAL.—Subchapter II of chapter 201, as 
amended by section 203 of this division, is further amended 
by adding at the end the following new section: 
‘‘§ 20160. National crossing inventory 
‘‘(a) INITIAL REPORTING
OF INFORMATION ABOUT 
PREVIOUSLY UNREPORTED CROSSINGS.—Not later than 1 
year after the date of enactment of the Rail Safety Improve-
ment Act of 2008 or 6 months after a new crossing becomes 
operational, whichever occurs later, each railroad carrier 
shall— 
‘‘(1) report to the Secretary of Transportation 
current information, including information about 
warning devices and signage, as specified by the Sec-
retary, concerning each previously unreported cross-
ing through which it operates or with respect to the 
trackage over which it operates; or 
‘‘(2) ensure that the information has been re-
ported to the Secretary by another railroad carrier 
that operates through the crossing. 
‘‘(b) UPDATING OF CROSSING INFORMATION.— 
‘‘(1) On a periodic basis beginning not later 
than 2 years after the date of enactment of the Rail 
Safety Improvement Act of 2008 and on or before 
September 30 of every year thereafter, or as otherwise
specified by the Secretary, each railroad carrier 
shall— 
‘‘(A) report to the Secretary current information, 
including information about warning devices and 
signage, as specified by the Secretary, concerning each 
crossing through which it operates or with respect to 
the trackage over which it operates; or 
‘‘(B) ensure that the information has been re-
ported to the Secretary by another railroad carrier 
that operates through the crossing. 
‘‘(2) A railroad carrier that sells a crossing or any 
part of a crossing on or after the date of enactment of the 
Rail Safety Improvement Act of 2008 shall, not later than 
the date that is 18 months after the date of enactment of 
that Act or 3 months after the sale, whichever occurs later, 
or as otherwise specified by the Secretary, report to the Sec-
retary current information, as specified by the Secretary, 
concerning the change in ownership of the crossing or part 
of the crossing. 
‘‘(c) RULEMAKING AUTHORITY.—The Secretary shall 
prescribe the regulations necessary to implement this sec-
tion. The Secretary may enforce each provision of the De-
partment of Transportation’s statement of the national 
highway-rail crossing inventory policy, procedures, and in-
struction for States and railroads that is in effect on the
date of enactment of the Rail Safety Improvement Act of 
2008, until such provision is superseded by a regulation 
issued under this section. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) CROSSING.—The term ‘crossing’ means a lo-
cation within a State, other than a location where 
one or more railroad tracks cross one or more rail-
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 explicitly authorized by a 
public authority or a railroad carrier that is 
dedicated for the use of nonvehicular traffic, in-
cluding 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 either at grade or grade-sepa-
rated. 
‘‘(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 chapter analysis 
for chapter 201, as amended by section 203 of this division, 
is amended by inserting after the item relating to section 
20159 the following: 
‘‘20160. 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 Rail Safety Improvement Act of 2008 or 
within 6 months of a new crossing becoming oper-
ational, whichever occurs later, each State shall report 
to the Secretary of Transportation current informa-
tion, including information about warning devices 
and signage, as specified by the Secretary, concerning 
each previously unreported public crossing located 
within its borders. 
‘‘(2) PERIODIC UPDATING OF CROSSING INFOR-
MATION.—On a periodic basis beginning not later 
than 2 years after the date of enactment of the Rail 
Safety Improvement Act of 2008 and on or before 
September 30 of every year thereafter, or as otherwise 
specified by the Secretary, each State shall report to 
the Secretary current information, including informa-
tion about warning devices and signage, as specified 
by the Secretary, concerning each public crossing lo-
cated 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 
Rail Safety Improvement Act of 2008, until such pro-
vision is superseded by a regulation issued under this 
subsection. 
‘‘(4) DEFINITIONS.—In this subsection— 
‘‘(A) ‘public crossing’ means a location 
within a State, other than a location where one 
or more railroad tracks cross one or more rail-
road tracks either at grade or grade-separated, 
where— 
‘‘(i) a public highway, road, or street, 
including associated sidewalks and path-
ways, crosses one or more railroad tracks ei-
ther at grade or grade-separated; or 
‘‘(ii) a publicly owned pathway explic-
itly authorized by a public authority or a
railroad carrier and dedicated for the use of 
non-vehicular 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 rail-
road tracks either at grade or grade-sepa-
rated; and 
‘‘(B) ‘State’ means a State of the United 
States, the District of Columbia, or Puerto 
Rico.’’. 
(d) CIVIL PENALTIES.— 
(1) Section 21301(a)(1) is amended— 
(A) by inserting ‘‘with section 20160 or’’ 
after ‘‘comply’’ in the first sentence; and 
(B) by inserting ‘‘section 20160 of this title 
or’’ after ‘‘violating’’ in the second sentence. 
(2) Section 21301(a)(2) is amended by inserting 
‘‘The Secretary shall impose a civil penalty for a vio-
lation of section 20160 of this title.’’ after the first 
sentence. 
SEC. 205. TELEPHONE NUMBER TO REPORT GRADE CROSS-
ING PROBLEMS. 
(a) IN GENERAL.—Section 20152 is amended to read 
as follows: