‘‘(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 
‘‘(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 3 years after 
the date of enactment of the Federal Railroad Safety Im-
provement Act of 2007 and on or before September 30 
of every third year thereafter, or as otherwise specified 
by the Secretary, each railroad carrier shall— 
‘‘(A) report to the Secretary current informa-
tion, including information about warning devices 
and signage, as specified by the Secretary, con-
cerning each crossing through 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 Federal Railroad Safety Improvement Act of 2007 
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 Secretary current information, as 
specified by the Secretary, concerning the change in own-
ership 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 Federal Railroad Safety Improve-
ment Act of 2007, until such provision is superseded by 
a regulation issued under this section. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) CROSSING.—The term ‘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— 
‘‘(A) a public highway, road, or street, or 
a private roadway, including associated side-
walks and pathways, crosses one or more rail-
road 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 pri-
vate roadway, crosses one or more railroad 
tracks either 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 sec-
tions 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 INFOR-
MATION.—Not later than 1 year after the date of 
enactment of the Federal Railroad Safety Improve-
ment Act of 2007 or within 6 months of a new 
crossing becoming operational, whichever occurs 
later, each State shall report to the Secretary of 
Transportation current information, including infor-
mation about warning devices and signage, as speci-
fied by the Secretary, concerning each previously un-
reported crossing located 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 in-
formation, including information about warning de-
vices and signage, as specified by the Secretary, con-
cerning each crossing located within its borders. 
‘‘(3) RULEMAKING AUTHORITY.—The Secretary 
shall prescribe the regulations necessary to imple-
ment this subsection. The Secretary may enforce 
each provision of the Department of Transpor-
tation’s statement of the national highway-rail cross-
ing inventory policy, procedures, and instructions for 
States and railroads that is in effect on the date of 
enactment of the Federal Railroad Safety Improve-
ment Act of 2007, 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), respec-
tively, 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 im-
pose 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 na-
tional accident database. 
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 Sec-
retary may purchase promotional 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 improving the safety of highway-rail cross-
ings and to prevent trespass on railroad rights of way, 
and the Secretary shall prescribe guidelines for the admin-
istration of this authority.’’. 
SEC. 407. OPERATION LIFESAVER. 
(a) GRANT.—The Federal Railroad Safety Adminis-
tration shall make a grant or grants to Operation Life-
saver to carry out a public information and education pro-
gram to help prevent and reduce pedestrian, bicycle, 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 dissemination of Public Service Announce-
ments in newspaper, radio, television, and other media. It 
will also include school presentations, brochures and mate-
rials, support for public awareness campaigns, and related 
support for the activities of Operation Lifesaver’s member 
organizations. 
(b) PILOT PROGRAM.—Funds provided under sub-
section (a) may also be used by Operation Lifesaver to 
implement a pilot program, to be known as the Railroad 
Safety Public Awareness Program, that addresses the
need for targeted, sustained community outreach on the 
subjects described in subsection (a). Such pilot program 
shall be established in States and communities where risk 
is greatest, in terms of the number of crashes and popu-
lation density near the railroad, including residences, busi-
nesses, 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 eval-
uation component requirement shall be included in the 
grant to measure results. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Federal Railroad 
Safety 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 
highway-rail grade crossing collisions over the past year. 
The Secretary shall work with each of these States to de-
velop a State Grade Crossing Action Plan that identifies 
specific solutions for improving safety at crossings, par-
ticularly at crossings that have experienced multiple acci-
dents. 
(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 not approved, the Secretary shall 
notify the affected State as to the specific points 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. 409. FOSTERING INTRODUCTION OF NEW TECH-
NOLOGY TO IMPROVE SAFETY AT HIGHWAY- 
RAIL GRADE CROSSINGS. 
(a) AMENDMENT.—Chapter 201 of title 49, United 
States Code, as amended by this Act, is further amended 
by adding at the end the following: 
‘‘§ 20165. 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 and serious personal 
injury and also threaten the safety of rail transportation. 
‘‘(2) While elimination of at-grade crossings through 
consolidation of crossings and grade separations offers the
greatest long-term promise for optimizing 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 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 sys-
tems. 
‘‘(5) The emergence of new technologies supporting 
Intelligent Transportation Systems presents opportunities 
for more effective and affordable warnings and safer pas-
sage 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 Safety Administration regula-
tions establishing performance standards for processor- 
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 Uniform Traffic Control De-
vices provides an appropriate means of determining high-
way 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 
prevent loss of life and injuries at highway-rail grade 
crossings. The Secretary of Transportation is designated 
to carry out this policy in consultation with States and 
necessary public and private entities.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections for chapter 201 of title 49, United States Code, 
as amended by this Act, is further amended by adding 
at the end the following new item: 
‘‘20165. Fostering introduction of new technology to improve safety at highway- 
rail grade crossings.’’. 
TITLE V—ENFORCEMENT 
SEC. 501. ENFORCEMENT. 
Section 20112(a) of title 49, United States Code, is 
amended— 
(1) by inserting ‘‘this part or’’ in paragraph (1) 
after ‘‘enforce,’’; 
(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. 502. CIVIL PENALTIES. 
(a) GENERAL VIOLATIONS OF CHAPTER 201.—Sec-
tion 21301(a)(2) of title 49, United States Code, 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 CHAP-
TER 201; VIOLATIONS
OF CHAPTERS 203 THROUGH 
209.—Section 21302(a)(2) of title 49, United States 
Code, 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) of title 49, United States Code, is amended—
(1) by striking ‘‘$10,000’’ and inserting 
‘‘$25,000’’; and 
(2) by striking ‘‘$20,000’’ and inserting 
‘‘$100,000’’. 
SEC. 503. CRIMINAL PENALTIES. 
Section 21311(b) of title 49, United States Code, is 
amended by striking ‘‘$500’’ both places it appears and 
inserting ‘‘$2,500’’. 
SEC. 504. EXPANSION OF EMERGENCY ORDER AUTHORITY. 
Section 20104(a)(1) of title 49, United States Code, 
is amended by striking ‘‘death or personal injury’’ and in-
serting ‘‘death, personal injury, or significant harm to the 
environment’’. 
SEC. 505. ENFORCEMENT TRANSPARENCY. 
(a) AMENDMENT.—Subchapter I of chapter 201 of 
title 49, United States Code, is amended by adding at the 
end the following: 
‘‘§ 20118. Enforcement transparency 
‘‘(a) IN GENERAL.—Not later than December 31, 
2007, the Secretary of Transportation shall— 
‘‘(1) provide a monthly updated summary to 
the public of all railroad enforcement actions taken 
by the Secretary or the Federal Railroad Safety Ad-
ministration, from the time a notice commencing an
enforcement action is issued until the enforcement 
action is final; 
‘‘(2) include in each such summary identifica-
tion of the railroad carrier or person involved in the 
enforcement activity, the type of alleged violation, 
the penalty or penalties proposed, any changes in 
case status since the previous summary, the final as-
sessment amount of each penalty, and the reasons 
for a reduction in the proposed penalty, if appro-
priate; and 
‘‘(3) provide a mechanism by which a railroad 
carrier or person named in an enforcement action 
may make information, explanations, or documents 
it believes are responsive to the enforcement action 
available to the public. 
‘‘(b) ELECTRONIC AVAILABILITY.—Each summary 
under this section shall be made available to the public 
by electronic means. 
‘‘(c) RELATIONSHIP TO FOIA.—Nothing in this sec-
tion shall be construed to require disclosure of information 
or records that are exempt from disclosure under section 
552 of title 5.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections of subchapter I of chapter 201 of title 49, United
States Code, is amended by adding at the end the fol-
lowing new item: 
‘‘20118. Enforcement transparency.’’. 
SEC. 506. INTERFERING WITH OR HAMPERING SAFETY IN-
VESTIGATIONS. 
(a) AMENDMENT.—Subchapter II of chapter 213 of 
title 49, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 21312. Interfering with or hampering safety inves-
tigations 
‘‘(a) IN GENERAL.—It shall be unlawful for any per-
son knowingly to interfere with, obstruct, or hamper an 
investigation by the Secretary of Transportation con-
ducted under section 20703 or 20902 of this title, or a 
railroad investigation by the National Transportation 
Safety Board under chapter 11 of this title. 
‘‘(b) INTIMIDATION AND HARASSMENT.—It shall be 
unlawful for any person, with regard to an investigation 
conducted by the Secretary under section 20703 or 20902 
of this title, or a railroad investigation by the National 
Transportation Safety Board under chapter 11 of this 
title, knowingly or intentionally to use intimidation, har-
assment, threats, or physical force toward another person, 
or corruptly persuade another person, or attempt to do 
so, or engage in misleading conduct toward another per-
son, with the intent or effect of—
‘‘(1) influencing the testimony or statement of 
any person; 
‘‘(2) hindering, delaying, preventing, or dis-
suading any person from— 
‘‘(A) attending a proceeding or interview 
with, testifying before, or providing a written 
statement to, a National Transportation Safety 
Board railroad investigator, a Federal railroad 
safety inspector or State railroad safety inspec-
tor, or their superiors; 
‘‘(B) communicating or reporting to a Na-
tional Transportation Safety Board railroad in-
vestigator, a Federal railroad safety inspector, 
or a State railroad safety inspector, or their su-
periors, information relating to the commission 
or possible commission of one or more violations 
of this part or of chapter 51 of this title; or 
‘‘(C) recommending or using any legal 
remedy available to the Secretary under this 
title; or 
‘‘(3) causing or inducing any person to— 
‘‘(A) withhold testimony, or a statement, 
record, document, or other object, from the in-
vestigation;
‘‘(B) alter, destroy, mutilate, or conceal a 
statement, record, document, or other object 
with intent to impair the integrity or avail-
ability of the statement, record, document, or 
other object for use in the investigation; 
‘‘(C) evade legal process summoning that 
person to appear as a witness, or to produce a 
statement, record, document, or other object, in 
the investigation; or 
‘‘(D) be absent from an investigation to 
which such person has been summoned by legal 
process. 
‘‘(c) ELEMENTS OF VIOLATION.—(1) For the pur-
poses of this section, the testimony or statement, or the 
record, document, or other object, need not be admissible 
in evidence or free from a claim of privilege. 
‘‘(2) In a prosecution for an offense under this sec-
tion, no state of mind need be proved with respect to the 
circumstance that the investigation is being conducted by 
the Secretary under section 20703 or 20902 of this title 
or by the National Transportation Safety Board under 
chapter 11 of this title. 
‘‘(d) CRIMINAL PENALTIES.—A person violating this 
section shall be fined under title 18, imprisoned for not 
more than 1 year, or both.’’.
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections of subchapter II of chapter 213 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing new item: 
‘‘21312. Interfering with or hampering safety investigations.’’. 
SEC. 507. RAILROAD RADIO MONITORING AUTHORITY. 
Section 20107 of title 49, United States Code, is 
amended by inserting at the end the following: 
‘‘(c) RAILROAD RADIO COMMUNICATIONS.— 
‘‘(1) IN
GENERAL.—To carry out the Sec-
retary’s responsibilities under this part and under 
chapter 51, the Secretary may authorize officers, 
employees, or agents of the Secretary to conduct 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, con-
tents, substance, purport, effect, or meaning of 
the communication, subject to the restrictions 
in paragraph (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 communica-
tion (or any part thereof of such communica-
tion) or using the communication (or any infor-
mation contained therein), subject to the re-
strictions in paragraph (3), after having re-
ceived the communication or acquired knowl-
edge of the contents, substance, purport, effect, 
or meaning of the communication (or any part 
thereof). 
‘‘(E) Recording the communication by any 
means, including writing and tape recording. 
‘‘(2) ACCIDENT
PREVENTION
AND
ACCIDENT 
INVESTIGATION.—The Secretary, and officers, em-
ployees, and agents of the Department of Transpor-
tation authorized by the Secretary, may engage in 
the activities authorized by paragraph (1) for the
purpose of accident prevention and accident inves-
tigation. 
‘‘(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 
Federal or State criminal law; or 
‘‘(ii) to impeach evidence offered by a 
party other than the Federal Government re-
garding the existence, electronic characteristics, 
content, substance, purport, effect, meaning, or 
timing of, or identity of parties to, a commu-
nication intercepted 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 re-
garding the confidentiality or use of the information
as may be appropriate in the circumstances to pro-
tect privacy and administer justice. 
‘‘(C) No evidence shall be excluded in an ad-
ministrative or judicial proceeding solely because the 
government would not have learned of the existence 
of or obtained such evidence but for the interception 
of information that is not admissible in such pro-
ceeding under subparagraph (A). 
‘‘(D) Information obtained through activities 
set forth in paragraphs (1) and (2) shall not be sub-
ject 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. 508. INSPECTOR STAFFING. 
The Secretary shall increase the total number of posi-
tions for railroad safety inspection and enforcement per-
sonnel at the Federal Railroad Safety Administration so 
that by December 31, 2008, the total number of such posi-
tions is at least 500, by December 31, 2009, the total 
number of such positions is at least 600, by December 
31, 2010, the total number of such positions is at least 
700, and by December 31, 2011, the total number of posi-
tions is at least 800. 
TITLE VI—MISCELLANEOUS 
PROVISIONS 
SEC. 601. POSITIVE TRAIN CONTROL SYSTEMS. 
(a) IN GENERAL.—Not later than 12 months after 
the date of enactment of this Act, each Class I railroad 
carrier shall develop and submit to the Secretary a plan 
for implementing a positive train control system by De-
cember 31, 2014, that will minimize the risk of train colli-
sions and over-speed derailments, provide protection to 
maintenance-of-way workers within established work zone 
limits, and minimize the risk of the movement of a train 
through a switch left in the wrong position. 
(b) SAFETY REDUNDANCY.—The positive train con-
trol system required under subsection (a) shall provide a 
safety redundancy to minimize the risk of accidents by
overriding human performance failures involving train 
movements on main line tracks. 
(c) CONTENTS OF PLAN.—The Secretary may pro-
vide technical assistance and guidance to railroad carriers 
in developing the plans required under subsection (a), and 
shall require that each railroad carrier include in the plan, 
at a minimum— 
(1) measurable goals, including a strategy and 
timeline for implementation of such systems; 
(2) a prioritization of how the systems will be 
implemented, with particular emphasis on high-risk 
corridors such as those that have significant move-
ments of hazardous materials or where commuter 
and intercity passenger railroads operate; 
(3) identification of detailed steps the carriers 
will take to implement the systems; and 
(4) any other element the Secretary considers 
appropriate. 
(d) REVIEW AND APPROVAL.—Not later than 90 days 
after the Secretary receives a plan, the Secretary shall re-
view and approve it. If the proposed plan is not approved, 
the Secretary shall notify the affected railroad carrier as 
to the specific points in which the proposed plan is defi-
cient, and the railroad carrier shall correct all deficiencies 
within 30 days following receipt of written notice from the
Secretary. The Secretary shall annually conduct a review 
to ensure that the railroads are complying with their 
plans. 
(e) REPORT.—Not later than December 31, 2011, the 
Secretary shall transmit a report to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, 
and Transportation of the Senate on the progress of the 
railroad carriers in implementing such positive train con-
trol systems. 
(f) AUTHORITY TO EXTEND DEADLINE.—The Sec-
retary may extend the date for implementation required 
under subsection (a) for any Class I railroad carrier for 
a period of not more than 24 months if the Secretary de-
termines such an extension is necessary— 
(1) to implement a more effective positive train 
control system than would be possible under the date 
established in subsection (a); 
(2) to obtain interoperability between positive 
train control systems implemented by railroad car-
riers; 
(3) for the Secretary to determine that a posi-
tive train control system meets the requirements of 
this section and regulations issued by the Secretary; 
or
(4) to otherwise enhance safety. 
(g) CERTIFICATION.—The Secretary shall not permit 
the installation of any positive train control system or 
component unless the Secretary has certified that such 
system or component has not experienced a safety-critical 
failure during prior testing and evaluation. If such a fail-
ure has occurred, the system or component may be re-
paired and evaluated in accordance with part 236 of title 
49 of the Code of Federal Regulations and may be in-
stalled when the Secretary certifies that the factors caus-
ing the failure have been corrected and approves the sys-
tem for installation in accordance with such part 236. 
(h) NOTICE.—Not later than 30 days after the Sec-
retary grants an extension under subsection (f), the Sec-
retary shall publish a notice in the Federal Register that 
identifies the Class I railroad carrier that is being granted 
the extension, the reasons for granting the extension, and 
the length of the extension. 
SEC. 602. WARNING IN NONSIGNALED TERRITORY. 
(a) AMENDMENT.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this Act, is 
further amended by adding at the end the following new 
section:
‘‘§ 20158. Warning in nonsignaled territory 
‘‘Not later than 12 months after the date of enact-
ment of the Federal Railroad Safety Improvement Act of 
2007, the Secretary of Transportation shall prescribe reg-
ulations that require railroads, with respect to main lines 
in nonsignaled territory without a train speed enforcement 
system that would stop a train in advance of a misaligned 
switch, to either— 
‘‘(1) install an automatically activated device, in 
addition to the switch banner, that will, visually or 
electronically, compellingly capture the attention of 
the employees involved with switch operations and 
clearly convey the status of the switch both in day-
light and darkness; or 
‘‘(2) operate trains at speeds that will allow 
them to be safely stopped in advance of misaligned 
switches.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections of subchapter II of chapter 201 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing new item: 
‘‘20158. Warning in nonsignaled territory.’’. 
SEC. 603. TRACK SAFETY. 
(a) AMENDMENT.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this Act, is
further amended by adding at the end the following new 
section: 
‘‘§ 20159. Track safety 
‘‘(a) RAIL INTEGRITY.—Not later than 12 months 
after the date of enactment of the Federal Railroad Safety 
Improvement Act of 2007, the Secretary of Transpor-
tation shall prescribe regulations to require railroad car-
riers to manage the rail in their tracks so as to minimize 
accidents due to internal rail flaws. The regulations shall, 
at a minimum— 
‘‘(1) require railroad carriers to conduct ultra-
sonic or other appropriate inspections to ensure that 
rail used to replace defective segments of existing 
rail is free from internal defects; 
‘‘(2) require railroad carriers to perform rail in-
tegrity inspections to manage an annual service fail-
ure rate of less than .1 per track mile on high-risk 
corridors such as those that have significant move-
ments of hazardous materials or where commuter 
and intercity passenger railroads operate; and 
‘‘(3) encourage railroad carrier use of advanced 
rail defect inspection equipment and similar tech-
nologies as part of a comprehensive rail inspection 
program.
‘‘(b) CONCRETE CROSSTIES.—Not later than 18 
months after the date of enactment of the Federal Rail-
road Safety Improvement Act of 2007, the Secretary shall 
develop and implement regulations for all classes of track 
for concrete crossties that address, at a minimum— 
‘‘(1) limits for rail seat abrasion; 
‘‘(2) concrete crosstie pad wear limits; 
‘‘(3) missing or broken rail fasteners; 
‘‘(4) loss of appropriate toeload pressure; 
‘‘(5) improper fastener configurations; and 
‘‘(6) excessive lateral rail movement.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections of subchapter II of chapter 201 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing new item: 
‘‘20159. Track safety.’’. 
SEC. 604. CERTIFICATION OF CONDUCTORS. 
(a) AMENDMENT.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this Act, is 
further amended by adding at the end the following new 
section: 
‘‘§ 20160. Certification of conductors 
‘‘(a) REGULATIONS.—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 and issue orders to establish
a program requiring the certification of train conductors. 
In prescribing such regulations, the Secretary shall require 
that conductors on passenger trains be trained in security, 
first aid, and emergency preparedness. 
‘‘(b) PROGRAM DESIGN.—The program established 
under this section shall be designed based on the require-
ments of section 20135(b) through (e).’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections of subchapter II of chapter 201 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing new item: 
‘‘20160. Certification of conductors.’’. 
SEC. 605. MINIMUM TRAINING STANDARDS. 
(a) AMENDMENT.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this Act, is 
further amended by adding at the end the following new 
section: 
‘‘§ 20161. Minimum training standards 
‘‘The Secretary of Transportation shall, not later 
than 180 days after the date of enactment of the Federal 
Railroad Safety Improvement Act of 2007, establish— 
‘‘(1) minimum training standards for each class 
and craft of railroad employees, which shall require 
railroad carriers to qualify or otherwise document 
the proficiency of their employees in each class and 
craft regarding their knowledge of, and ability to
comply with, Federal railroad safety laws and regu-
lations and railroad carrier rules and procedures 
promulgated to implement those Federal railroad 
safety laws and regulations; 
‘‘(2) a requirement for railroad carriers to sub-
mit their training and qualification programs to the 
Federal Railroad Safety Administration for ap-
proval; and 
‘‘(3) a minimum training curriculum, and ongo-
ing training criteria, testing, and skills evaluation 
measures to ensure that railroad employees charged 
with the inspection of track or railroad equipment 
are qualified to assess railroad compliance with Fed-
eral standards to identify defective conditions and 
initiate immediate remedial action to correct critical 
safety defects that are known to contribute to 
derailments, accidents, or injury. In implementing 
the requirements of this paragraph, the Secretary 
shall take into consideration existing training pro-
grams of railroad carriers.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections of subchapter II of chapter 201 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing new item: 
‘‘20161. Minimum training standards.’’.
SEC. 606. PROMPT MEDICAL ATTENTION. 
(a) AMENDMENT.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this Act, is 
further amended by adding at the end the following new 
section: 
‘‘§ 20162. Prompt medical attention 
‘‘(a) PROHIBITION.—A railroad or person covered 
under this title shall not deny, delay, or interfere with the 
medical or first aid treatment of an employee who is in-
jured during the course of employment. If transportation 
to a hospital is requested by an employee who is injured 
during the course of employment, the railroad shall 
promptly arrange to have the injured employee trans-
ported to the nearest medically appropriate hospital. 
‘‘(b) DISCIPLINE.—A railroad or person covered 
under this title shall not discipline, or threaten discipline 
to, an employee for requesting medical or first aid treat-
ment, or for following orders or a treatment plan of a 
treating physician. For purposes of this subsection, dis-
cipline means to bring charges against a person in a dis-
ciplinary proceeding, suspend, terminate, place on proba-
tion, or make note of reprimand on an employee’s 
record.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections of subchapter II of chapter 201 of title 49, United
States Code, is amended by adding at the end the fol-
lowing new item: 
‘‘20162. Prompt medical attention.’’. 
SEC. 607. EMERGENCY ESCAPE BREATHING APPARATUS. 
(a) AMENDMENT.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this Act, is 
further amended by adding at the end the following new 
section: 
‘‘§ 20163. Emergency escape breathing apparatus 
‘‘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 prescribe reg-
ulations that require railroads to— 
‘‘(1) provide emergency escape breathing appa-
ratus for all crewmembers on freight trains carrying 
hazardous materials that would pose an inhalation 
hazard in the event of release; and 
‘‘(2) provide their crewmembers with appro-
priate training for using the breathing apparatus.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections of subchapter II of chapter 201 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing new item: 
‘‘20163. Emergency escape breathing apparatus.’’.
SEC. 608. LOCOMOTIVE CAB ENVIRONMENT. 
Not later than 12 months after the date of enactment 
of this Act, the Secretary of Transportation shall transmit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a 
report on the effects of the locomotive cab environment 
on the safety, health, and performance of train crews. 
SEC. 609. TUNNEL INFORMATION. 
Not later than 120 days after the date of enactment 
of this Act, each railroad carrier (as defined in section 
20102 of title 49, United States Code) shall, with respect 
to each of its tunnels which— 
(1) are longer than 1000 feet and located under 
a city with a population of 400,000 or greater; or 
(2) carry 5 or more scheduled passenger trains 
per day, or 500 or more carloads of Toxic Inhalation 
Hazardous materials per year, 
maintain for at least two years historical documentation 
of structural inspection and maintenance activities for 
such tunnels, including information on the methods of in-
gress and egress into and out of the tunnel, the types of 
cargos typically transported through the tunnel, and sche-
matics or blueprints for the tunnel, when available. Upon 
request, a railroad carrier shall also provide periodic brief-
ings to the government of the local jurisdiction in which
the tunnel is located, including updates whenever a repair 
or rehabilitation project substantially alters the methods 
of ingress and egress. Such governments shall use appro-
priate means to protect and restrict the distribution of any 
security sensitive information provided by the railroad car-
rier under this section, consistent with national security 
interests. 
SEC. 610. MUSEUM LOCOMOTIVE STUDY. 
(a) STUDY.—The Secretary of Transportation shall 
conduct a study of its regulations relating to safety inspec-
tions of diesel-electric locomotives and equipment and the 
safety consequences of requiring less frequent inspections 
of such locomotives which are operated by museums, in-
cluding annual inspections or inspections based on accu-
mulated operating hours. The study shall include an anal-
ysis of the safety consequences of requiring less frequent 
air brake inspections of such locomotives. 
(b) REPORT.—Not later than 12 months after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall transmit a report on the results of the study 
conducted under subsection (a) to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, 
and Transportation of the Senate.
SEC. 611. CERTIFICATION OF CARMEN. 
(a) AMENDMENT.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this Act, is 
further amended by adding at the end the following new 
section: 
‘‘§ 20164. Certification of carmen 
‘‘(a) REGULATIONS.—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 and issue orders to establish 
a program requiring the certification of carmen, including 
all employees performing mechanical inspections, brake 
system inspections, or maintenance on freight and pas-
senger rail cars. 
‘‘(b) PROGRAM DESIGN.—The program established 
under this section shall be designed by the Secretary of 
Transportation based on the requirements of parts 215, 
221, 231, 232, and 238 of title 49 of the Code of Federal 
Regulations.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections of subchapter II of chapter 201 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing new item: 
‘‘20164. Certification of carmen.’’.
SEC. 612. TRAIN CONTROL SYSTEMS DEPLOYMENT GRANTS. 
(a) GRANT PROGRAM.—The Secretary of Transpor-
tation shall establish a grant program for the deployment 
of train control and component technologies, including— 
(1) communications-based train control systems 
designed to prevent train movement authority viola-
tions, over-speed violations, and train collision acci-
dents caused by noncompliance with authorities as 
well as to provide additional protections to roadway 
workers and protect against open switches in non-
signal territories; 
(2) remote control power switch technology; 
(3) switch point monitoring technology; and 
(4) track integrity circuit technology. 
(b) GRANT CRITERIA.— 
(1) ELIGIBILITY.—Grants shall be made under 
this section to eligible passenger and freight railroad 
carriers and State and local governments for 
projects described in subsection (a) that have a pub-
lic benefit of improved safety or network efficiency. 
(2) IMPLEMENTATION PLAN.—An applicant for 
a grant made pursuant to this section shall file with 
the Secretary a train control implementation plan 
that shall describe the overall safety and efficiency 
benefits of installing systems described in subsection 
(a) and the stages for implementing such systems.